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Patna High Court

Md. MoinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding no physical possession or culpable mental state.

Summary

The petitioner, Md. Moin, owner of the now‑closed Rahat Medical Stores, was named in an FIR for possession of 74 cartons of banned codeine cough syrup seized from a vehicle linked to co‑accused. He contended that his shop had been shut since June 2021, the licence not renewed, and that business rivalry led to his false implication. The State opposed anticipatory bail, arguing the investigation remained open. The court noted that the seized consignment was not in the petitioner’s physical possession, the shop was closed, and the investigation of co‑accused was complete, rendering custodial interrogation unnecessary. Consequently, the court ordered anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the IPC sections 272‑276 and NDPS Act 21(b)?
  • Whether the petitioner had possession or mental culpability concerning the seized codeine cough syrup.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • codeine cough syrup
  • illegal drug trafficking
  • false implication
  • business rivalry
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77836 of 2025
                          Arising Out of PS. Case No.-247 Year-2021 Thana- BAISI District- Purnia
                 ======================================================
                 Md. Moin son of Late Md. Taslim Resident Of Village- Ward No 4,
                 Dagarua, P.s. -Dagarua, District -Purnea
                                                                    ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                             ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.N.K.Agrawal, Sr. Advocate
                                                    Mr.Nafisu Zzoha, Advocate
                 For the Opposite Party/s :         Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   28-01-2026               Heard Mr. N.K. Agrawal, learned senior counsel for the

                   petitioner and learned APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Baisi P.S. Case No.

                   247 of 2021 registered for the offences punishable under

                   Sections 272, 273, 274, 275, 276 of the Indian Penal Code

                   and 21(b) of the N.D.P.S. Act.

                             3. As per FIR, petitioner implicated with the present

                   case under the name of his shop namely, M/s Rahat Medical

                   Stores, Gulabbagh, Purnea, as per disclosure of apprehended

                   co-accused who found in possession of 74 cartoons of banned

                   Codeine Cough Syrup, each cartoons containing 140 pieces of

                   100 ml. (total 1198 Liters).
Patna High Court CR. MISC. No.77836 of 2025(4) dt.28-01-2026
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                   4. Mr. N.K. Agrawal, learned senior counsel appearing

          for the petitioner submitted that petitioner was the owner of

          M/s Rahat Medical Stores, but due to his health reasons, the

          shop was closed in the month of June 2021 itself and,

          thereafter, the license of the shop was not renewed for any

          further period, but due to prior business rivalry and enmity

          with one Asgar Ali, proprietor of M/s Ali Distributor, Rauta and

          co-accused Ajay Sah, who is the proprietor of M/s Soni

          Medical Hall and the owner of alleged vehicle from which the

          Codeine Cough            Syrup was recovered, instigated the

          apprehended co-accused persons, to implicate this petitioner.

                   5. It is submitted by Mr. Agrawal that petitioner was

          not related with seized consignment in any manner and he

          has no occasion to receive such huge contraband medicine

          particularly when the alleged shop was closed in the month of

          June 2021 itself.

                   6. Arguing further, Mr. Agrawal submitted that

          admittedly the recovery not appears to be made from physical

          possession of this petitioner. It is pointed out that factual

          aspect suggests that petitioner was not under culpable mental
Patna High Court CR. MISC. No.77836 of 2025(4) dt.28-01-2026
                                            3/4




          state qua consignment in view of section 35 of the N.D.P.S.

          Act and, therefore, there is no question as to import rigours of

          section 37 of the N.D.P.S. Act.

                   7. Explaining criminal antecedent of the petitioner, it is

          submitted by Mr. Agrawal that prior to lodging of the present

          case, petitioner was made accused in one more criminal case

          of similar nature in the year 2022 by Asgar Ali, Proprietor of

          M/s Ali Distributor, Rauta, where he is on bail.

                   8. Learned A.P.P. for the State duly assisted by

          learned counsel appearing for the informant, while opposing

          the prayer for anticipatory bail of the petitioner, submitted

          that petitioner was implicated with his shop name and still

          investigation of this matter is open.

                   9. Countering the aforesaid submission, Mr. Agrawal

          submitted that on all material aspects, investigation of this

          case is already completed qua apprehended co-accused

          persons and, therefore, no custodial interrogation is required

          in this case and sending the petitioner to jail would not serve

          any judicial purpose.

                   10. In view of the aforesaid factual submissions and
           Patna High Court CR. MISC. No.77836 of 2025(4) dt.28-01-2026
                                                       4/4




                     by taking note of the fact as petitioner implicated with name

                     of his closed shop i.e. M/s Rahat Medical Stores, where

                     admittedly no consignment appears to be recovered from his

                     physical possession, accordingly, above-named petitioner, in

                     the event of his arrest/surrender within a period of four weeks

                     from this order, is directed to be enlarged on bail on

                     furnishing of bail bond of Rs.10,000/- (ten thousand only)

                     with two sureties of the like amount each to the satisfaction of

                     learned      Sessions        Judge,      Purnea/concerned    court   in

                     connection with Baisi P.S. Case No. 247 of 2021, subject to

                     the conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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