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Patna High Court

RahimversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to the petitioner subject to a cash bond, sureties and the condition of cooperation with the investigation.

Summary

The petitioner, Rahim, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 2 litres of codeine syrup recovered from a scooty registered in his wife's name. The petitioner argued that his wife had already obtained anticipatory bail and that he would cooperate with the investigation, not abscond. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.10,000 with two sureties and cooperates with the investigation, retaining the power to cancel bail if he fails to cooperate. The order was made under the inherent powers of the court pursuant to Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
  • Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • codeine syrup
  • Section 30(a)
  • Section 482
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45724 of 2026
                        Arising Out of PS. Case No.-210 Year-2026 Thana- ARARIA District- Araria
                 ======================================================
                 Rahim S/o Md. Shamim R/o Village - Mirzabhag, P.S - Araria, District -
                 Araria
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nafisu Zzoha
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-07-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016 (Amended 2022).

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 2 litres of codeine syrup from a scooty.

                                4. Learned counsel submits the scooty was registered in

                   the name of Tamanna Parween, wife of petitioner. It is next

                   submitted that Tamanna Parween had approached this court

                   seeking anticipatory bail by filing Cr. Misc. No.37909 of 2026 and

                   the same came to be allowed by an order dated 17.06.2026. It is

                   further submitted that petitioner being husband of Tamanna

                   Parween came to be implicated in the instant case at the instance

                   of local people. It is next submitted that if privilege of anticipatory
             Patna High Court CR. MISC. No.45724 of 2026(2) dt.10-07-2026
                                                         2/2




                       bail is granted, the petitioner will not abscond rather will cooperate

                       in the investigation to prove his innocence.

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

                       anticipatory bail of the petitioner.

                                    6. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, in the event

                       of his arrest or surrender within a period of six weeks from today,

                       be released on anticipatory bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where the

                       case is pending/successor court in connection with Araria P.S.

                       Case No.210 of 2026, subject to the conditions as laid down under

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

                                    7. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned trial court bringing to its notice that the petitioner despite

                       giving assurance to this court is not co-operating in the

                       investigation in that event the learned trial court shall be at liberty

                       to cancel the bail bonds of the petitioner.



                                                     (Satyavrat Verma, J)
amit/-

U        T


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