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Patna High Court

Md. Asgar AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, holding that the petitioner’s alleged contacts do not amount to participation in the offence and that bail may be granted subject to conditions.

Summary

Md. Asgar Ali applied for anticipatory bail in a case involving the alleged seizure of 1,198 litres of codeine syrup, alleged under IPC sections 272-276 and NDPS Act section 21(b). He argued that he was not named in the FIR, that the seized consignment was intended for a rival medical shop, and that his only contacts with the driver and the supplier were routine telephone calls related to his own business orders. The State submitted a counter‑affidavit indicating those calls and alleged involvement. The court examined whether mere telephone contact amounted to participation in the offence and considered the applicability of anticipatory bail under Section 482(2) of the CrPC. Finding insufficient evidence of direct involvement and noting the petitioner’s cooperation, the court granted anticipatory bail with a cash bond of Rs. 50,000, two sureties, and the condition that one surety be his father, while reserving the right to cancel bail if he fails to cooperate.

Issues considered

  • Whether anticipatory bail can be granted in offences punishable under IPC sections 272-276 and NDPS Act section 21(b) when the petitioner is not named in the FIR.
  • Whether mere telephone contact with the driver and supplier constitutes participation in the alleged drug seizure.
  • Whether the conditions imposed under Section 482(2) of the CrPC are sufficient to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • codeine syrup seizure
  • NDPS Act
  • IPC sections 272-276
  • telephone contact
  • business rivalry
  • bail conditions
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81203 of 2025
                          Arising Out of PS. Case No.-247 Year-2021 Thana- BAISI District- Purnia
                 ======================================================
                 Md. Asgar Ali Son of Akbar Ali Resident of Village- Walba, Ward No. 09,
                 P.S.- Mahalgaon, District- Araria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. N. K. Agrawal- Sr. Advocate
                                                    Mr. Ramesh Kumar Singh- Advocate
                                                    Mr. Kumar Rajdeep- Advocate
                 For the Opposite Party/s :         Mr. Aditya Narayan Singh.1
                                                    Mr. Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   17-03-2026                   1. Heard learned senior counsel for the petitioner and

                   learned APP Sri Chandra Bhushan Prasad for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

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

                   and Section 21(b) of the NDPS Act.

                                 3. The learned senior counsel for the petitioner

                   submits that the petitioner has antecedent of one case under the

                   NDPS Act and the allegation is of recovery of 1198 litres of

                   codeine syrup from a pick-up vehicle and Sanjay along with

                   Sonu were arrested and Sanjay disclosed that he was

                   transporting the syrup from Kishanganj to Gulabbagh while
Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026
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          Sonu disclosed that he is an employee of Soni Medical and the

          owner had directed him to deliver the consignment at Rahat

          Medical Hall Gulabbagh.

                       4. The learned senior counsel for the petitioner

          submits that from perusal of the allegation as alleged in the FIR,

          it would manifest that Sanjay along with Sonu were

          apprehended with 1198 litres of codeine syrup. It is further

          submitted that Sanjay disclosed that he was transporting the

          syrup while Sonu disclosed that he is an employee of Soni

          Medical and his owner had asked him to deliver the

          consignment at Rahat Medical Shop. It is next submitted that

          owner of Rahat Medical Shop is one Md. Moin. It is next

          submitted that petitioner is not named in the FIR and even the

          apprehended accused did not even remotely suggest that the

          consignment was to be delivered at the medical shop of the

          petitioner namely, Ali Distributors, thus petitioner was not

          named in the FIR. It is further submitted that petitioner and Md.

          Moin are competitors. It is next submitted that petitioner also

          gets his medicine delivered from Soni Medical and in support of

          the same various receipts have been annexed with reply to the

          counter-affidavit filed by the petitioner.

                       5. The learned senior counsel appearing on behalf of
Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026
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          the petitioner next submits that wife of Md. Moin, namely,

          Jahan Ara two years of after institution of the instant FIR filed

          an application before the police alleging therein that on account

          of business rivalry, her husband came to be implicated when the

          consignment apprehended was sent by Soni Medical to Ali

          Distributors. It is further submitted that based on the application

          of the wife of Md. Moin, the police started chasing the

          petitioner necessitating filing of the instant anticipatory bail

          application.

                       6. Learned A.P.P. Sri Chandra Bhushan Prasad was

          directed to file a counter-affidavit duly sworn by the

          Superintendent of Police, Purnea. The learned A.P.P. submits

          that a counter-affidavit duly sworn by the Superintendent of

          Police, Purnea has been filed and in the counter-affidavit at

          Para-4, the details with regard to the petitioner about his

          involvement in the occurrence has been recorded. It is submitted

          that CDR of the petitioner was investigated and it was found

          that petitioner was in contact with the driver of the vehicle on

          15.08.2021 for around 72 seconds, thereafter on 23.08.2021 for

          157 seconds and on 25.08.2021 for 39 seconds and was also in

          contact with owner of Soni Medical on 23.08.2021 for 15

          seconds and thereafter again on 30.08.2021 for 901 seconds.
Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026
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                       7. The learned senior counsel appearing on behalf of

          the petitioner submits that a reply to the counter-affidavit has

          been filed denying the allegations. It is submitted that merely

          because petitioner had contacted the driver and Soni Medical

          that in itself does not involve the petitioner in the occurrence. It

          is submitted that as submitted earlier and recorded herein above,

          that petitioner also used to order medicine from Soni Medical

          and it was in that connection that he was talking to the owner of

          the Soni Medical and the driver of the vehicle. It is also

          submitted that the date of occurrence as alleged in the instant

          FIR is 29.08.2021 whereas petitioner had talked to the driver of

          the vehicle on 15.08.2021, 23.08.2021 and 25.08.2021, but the

          said talk was in connection with his consignment. It is reiterated

          and submitted that the apprehended accused did not even

          remotely suggest that the consignment was meant for Ali

          Distributors, but since Ali Distributors and Rahat Medical are

          competitors, as such, it appears that wife of Md. Moin by way

          of after thought two years after the institution of the instant FIR

          tried to implicate the petitioner. It is also submitted that if

          privilege of anticipatory bail is granted, the petitioner will not

          abscond rather will cooperate in the investigation to prove his

          innocence.
Patna High Court CR. MISC. No.81203 of 2025(4) dt.17-03-2026
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                       8. The learned A.P.P. Sri Chandra Bhushan Prasad

          opposes the anticipatory bail application.

                       9. Considering the submissions made by the learned

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

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs. 50,000/- (Rupees

          Fifty 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 Baisi P. S. Case

          No.247 of 2021, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S. with a further condition that one

          of the bailors of the petitioner shall be his father namely, Akbar

          Ali.

                       10.        The application stands allowed.

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

          any application is filed by the Investigating Officer before the

          learned trial Court bringing to its notice that petitioner, despite

          giving assurance to this Court, is not cooperating in the

          investigation or is not presenting himself as and when required,

          the learned trial Court shall be at liberty to cancel the bail bonds

          of the petitioner after recording reasons.
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                                      12. Let a copy of this order be sent to the concerned

                         Police Station through the learned trial Court.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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