Patna High Court
Vijay Shaw @ Vijay Kumar Shaw @ Vijay Kumar SahayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond and cooperation conditions, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Vijay Shaw, sought anticipatory bail after being implicated in a case alleging the recovery of 2,558 litres of codeine cough syrup from his house, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He argued that he has a clean record, the allegation is false, the house was rented to a third party, and the investigation falls under a different police jurisdiction. The petitioner had previously obtained anticipatory bail in a related matter (Cr. Misc. No. 25261 of 2026). The State opposed the bail, but the court, considering the earlier order and the petitioner's assurances, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The court also stipulated that bail could be cancelled if the petitioner fails to cooperate with the investigation.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 of the Cr.P.C. in light of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016?
- Whether the petitioner’s clean antecedent, rental status of the premises, and jurisdictional arguments justify the grant of anticipatory bail?
Legislation cited
- Bihar Narcotic and Psychotropic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- codeine cough syrup
- false implication
- jurisdiction
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47761 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- Chitragupta Nagar District- Patna
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Vijay Shaw @ Vijay Kumar Shaw @ Vijay Kumar Sahay S/o Basudeo Shaw
@ Basudeo Parasd Shaw Resident of - Janki Niwas, Moolchand Path,
Kabaddi Gali, P.S.- Chitragupta Nagar, District - Patna, at Present residing at
101, RL Vatika, Salimpur Ahra, Gali No.- 3, BM Das Road, P.S.- Kadamkuan
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
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 the
Bihar Prohibition and Excise, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2558 litres of Codeine Cough Syrup from the hosue
of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that father of the petitoner,
namely, Basudeo Shaw @ Basudeo Parasd Shaw had
Patna High Court CR. MISC. No.47761 of 2026(2) dt.10-07-2026
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approached this Court seeking anticipatory bail by filing Cr.
Misc. No. 25261 of 2026 and the same came to be allowed vide
order dated 18.06.2026 by this Court after considering the case
in detail and on merit. It is next submitted that the case of the
petitioner is akin to the case of Basudeo Shaw @ Basudeo
Parasd Shaw. It is also submitted that the house from where
Codeine Cough Syrup was recovered no doubt belongs to the
petitioner but then the same was given on rent to one Satyajeet
Kumar. It is further submitted that petitioner is residing within
the jurisdiction of Kadamkuan Police Station while the house,
from where the Codeine Cough Syrup is alleged to have been
recovered, is within the jurisdiction of Chitragupt Nagar Police
Station. It is next submitted that if the privilege of anticipatory
bail is granted to the petitioner, 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 appearing on behalf of the petitioner and taking into
consideration the order dated 18.06.2026 in Cr. Misc. No. 25261
of 2026, let the petitioner, above-named, in the event of his
arrest or surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.47761 of 2026(2) dt.10-07-2026
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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
Chitragupta Nagar P.S. Case No. 299 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that 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 cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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