Patna High Court
Shah Ayub @ Aiyub Sah @ Aiyyub @ Shah AiyubversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner sought regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, where 157.90 litres of cough syrup alleged to contain codeine were recovered from his house. The petitioner contended that he had no possession of the syrup, was falsely implicated, and that the FIR did not clearly identify the seized product or its codeine content. He also argued that the matter should fall under the Drugs and Cosmetics Act and highlighted his clean criminal record, having been in judicial custody since 25 March 2026. The State opposed the bail application. After hearing both sides, the court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise‑I, Araria.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the alleged offence and the circumstances of his custody.
Legislation cited
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- codeine
- cough syrup
- criminal procedure
- excise law
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38360 of 2026
Arising Out of PS. Case No.-654 Year-2022 Thana- ARARIA District- Araria
======================================================
Shah Ayub @ Aiyub Sah @ Aiyyub @ Shah Aiyub S/o- Shah Azim @ Rasul
R/v- Gaiyari, ward no. 13, Belwa, P.S- Dist-. Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the house of the petitioner, altogether 157.90 liters of cough
syrup containing codeine was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that nothing has been recovered from the
possession of this petitioner. He has no concern with the alleged
recovery. It has further been submitted that from perusal of the
Patna High Court CR. MISC. No.38360 of 2026(2) dt.30-06-2026
2/2
F.I.R. itself it is not clear as to which cough syrup was recovered
from the possession of this petitioner or from his house. How
the informant has come to the conclusion that the syrup
contained codeine. It has further been submitted that in any
view of the matter, it is a case of Drugs and Cosmetics Act.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 25.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Araria P.S. Case No. 654 of 2022 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise-I, Araria (Bihar).
(Ashok Kumar Pandey, J)
lata/-
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