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Patna High Court

Vijay Shaw @ Vijay Kumar Shaw @ Vijay Kumar SahayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                       3/3




                     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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