Patna High Court
Sawood @ sawood AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, finding no prima facie material linking the petitioner to the alleged contraband.
Summary
The petitioner, Sawood Alam, was not named in the FIR but was implicated through a co-accused's confessional statement in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 concerning the alleged illegal manufacture and trade of cough syrup. The prosecution recovered 14 litres of Eskuf and Choco cough syrup and cash from the co-accused's house, but no incriminating material was found in the petitioner's possession and he was not present at the scene. The petitioner sought anticipatory bail, arguing that the case should be tried under the Excise Act, not the NDPS Act, and that there was no direct evidence against him. The Additional Public Prosecutor opposed the bail. The court examined the lack of physical possession and the reliance on a confessional statement, and concluded that there was no prima facie case to detain the petitioner. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and no material is recovered from his possession.
- Whether the case should be prosecuted under the Bihar Prohibition and Excise Act rather than the NDPS Act.
- Whether a co-accused's confessional statement alone is sufficient to justify arrest of the petitioner.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illegal cough syrup trade
- Bihar Prohibition and Excise Act
- CrPC 438
- BNSS 482
- confessional statement
- no physical possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43462 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Sawood @ sawood Alam Son of Md. Moin Uddin @ Md. Moin Resident Of
Village- Bhagwanpur, Ward No 3, Police Station- Jokihat, (Bairgachhi)m
District -Araria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Jokihat P.S.
Case No.387 of 2025 registered under Section 30(a) of
Bihar Prohibition and Excise Act, 2022 (Amended).
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of cough syrup, where there is
recovery of 14 litres of Eskuf and Choco cough syrup.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery of Eskuf and Choco
Cough Syrup with a cash of Rs. 45,400/- was made from
Patna High Court CR. MISC. No.43462 of 2026(2) dt.03-07-2026
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the house of co-accused, namely, Galib. It is initially
submitted that the present case was instituted under the
provisions of Excise Act and not under the NDPS Act. It is
further submitted that the name of petitioner arrayed solely
on the confessional statement made by co-accused, namely,
galib. It is further pointed out that nothing incriminating
material has been recovered from the conscious possession
of this petitioner and also the petitioner was not present at
the spot. Explaining criminal antecedent, it is submitted that
the petitioner found involved in one criminal case, where he
is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit cough syrup
prima facie not appears to be made from physical possession
of this petitioner, accordingly, the petitioner, above-named,
in the event of his arrest or surrender in the court below
within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.43462 of 2026(2) dt.03-07-2026
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(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District and Additional
Sessions Judge-cum-Exclusive Special Excise Judge- II,
Araria, in connection with Jokihat P.S. Case No.387 of 2025,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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