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Patna High Court

ArsadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated conditions.

Summary

Arsad and Bipta, residents of Bhagwanpur village, filed a petition seeking anticipatory bail after learning that they might be arrested in a case (PS No.259/2025) involving alleged offences under several sections of the Bihar Narcotic Substances (B.N.S) Act and the Bihar Prohibition and Excise Act, 2016. They contended that they have clean or minimal criminal antecedents and that they were merely present at the scene of a alleged recovery of 15 litres of cough syrup as curious neighbours, not participants in any illegal trade. The State opposed the bail, arguing the seriousness of the charges. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.15,000 each with two sureties, and on verification of their criminal antecedents within six weeks. The order further stipulated that if petitioner No.1 is found to have any antecedent or petitioner No.2 more than three cases, the bail would not be confirmed, whereas a clean record would lead to confirmation of the bail. The petitioners were also directed to deposit Rs.5,000 with the Legal Aid Office within two weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances described?
  • Whether the petitioners' alleged presence at the scene constitutes participation in the alleged offences under the B.N.S Act and the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • cough syrup seizure
  • section 482(2)
  • provisional bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2718 of 2026
                        Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
           1.     Arsad Son of Mohiuddin Resident of village - Bhagwanpur Ward No.- 04,
                  Police Station - Jokihat, District - Araria.
           2.    Bipta @ Farmuddin @ Biptha Son of Md. Mosim @ Mohsin Resident of
                 village - Bhagwanpur Ward No.- 04, Police Station - Jokihat, District -
                 Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana
                 For the Opposite Party/s :        Ms. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   02-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 132, 262, 303(2), 3(5) of the BNS and Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 is a person with clean antecedent and petitioner

                   no.2 has antecedent of three cases and allegation is of recovery

                   of 15 litres of cough syrup from a place behind the house of

                   Nabi Hasan.         It is next submitted that from perusal of the

                   allegation as alleged in the FIR, it would manifest that
Patna High Court CR. MISC. No.2718 of 2026(3) dt.02-02-2026
                                            2/3




          informant alleges that Nabi Hasan was apprehended and

          thereafter he started raising an alarm, on account of which,

          people gathered including the female members of the house of

          Nabi Hasan and they assaulted the police. It is thus submitted

          that as far as allegation against the petitioners is alleged, they

          are alleged to have come at the place of occurrence on alarm

          raised by Nabi Hasan but then it is submitted that they are

          neighbour of Nabi Hasan and when police came to the place of

          occurrence, they out of inquisitiveness came to the place of

          occurrence to witness the occurrence when they came to be

          implicated. It is next submitted that petitioners are not alleged to

          have been involved in the occurrence of trade relating to cough

          syrup.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.15,000/- (Rupees fifteen thousand) each with two sureties of

          the like amount each to the satisfaction of the learned trial court
             Patna High Court CR. MISC. No.2718 of 2026(3) dt.02-02-2026
                                                         3/3




                       where the case is pending/successor court in connection with

                       Jokihat P.S. Case No.259/2025, subject to the conditions as laid

                       down under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 has antecedent

                       of even one case and petitioner no.2 has antecedent of more than

                       three cases, in that event, it would be presumed that petitioners

                       had concealed their antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed with

                       but if after verification it is found that petitioner no.1 is a person

                       with clean antecedent and petitioner no.2 has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioners,

                       based on instruction, undertakes to deposit an amount of

                       Rs.5000/- with Legal Aid, Patna High Court within a period of

                       two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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