Patna High Court
Md. MoinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 274, 275, 276
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b)
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
2/4
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
Checking your session…