Patna High Court
Rahim ShekhversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court denied bail to the petitioners.
Summary
Rahim and Sohag Shekh were arrested in connection with the recovery of 45.5 litres of cough syrup containing a high percentage of codeine from their possession. They applied for bail under section 30(a) of the Bihar Prohibition and Excise Act, contending that the seizure was false and that procedural safeguards in the search and seizure were not observed. The State opposed the bail, emphasizing that the quantity recovered was commercial and that laboratory analysis showed 92.55% codeine phosphate. The Court examined the facts, the nature of the drug, and the statutory provisions, and concluded that the seriousness of the offence warranted denial of bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail should be granted to the accused despite the recovery of a commercial quantity of codeine‑containing cough syrup.
- Whether the seizure of the cough syrup complied with the mandatory provisions of search and seizure under the relevant law.
Subjects
- bail
- codeine
- cough syrup
- prohibition and excise
- search and seizure
- commercial quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82721 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- FATUA RAIL P.S. District- Patna
======================================================
1. Rahim Shekh S/O Delwar Shekh Resident of Mahawatpur, P.S- Mohanpur
Duso Bigha, Dist.- Malda, West Bengal- 732201
2. Sohag Shekh S/O Anarul Shekh Resident of Mahawatpur, P.S- Mohanpur
Duso Bigha, Dist.- Malda, West Bengal- 732201
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Fatua Rail P.S. Case no.21 of 2025
registered under section 30(a) of Bihar Prohibition and Excise
Act.
3. There is a recovery of a total of 45.5 liters of cough
syrup containing codeine from bags of petitioners.
4. Learned counsel for the petitioners submits that a false
recovery of 45.5 liters of cough syrup containing codeine has been
shown from the possession of the petitioners. Further, there is no
independent witness to the seizure list indicating violation of
Patna High Court CR. MISC. No.82721 of 2025(4) dt.19-02-2026
2/2
mandatory provisions of search and seizure. The petitioners are
in custody since 28.06.2025 and undertake to cooperate in the
case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that commercial quantity of
cough syrup, containing codeine, has been recovered from the
possession of the petitioners.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
recovery of commercial quantity of cough syrup with codeine
content and the report of the Bihar Drugs Control Laboratory
indicating that the sample contained 92.55% codeine phosphate,
this Court is not inclined to grant bail to the petitioner and the
application is rejected.
(Soni Shrivastava, J)
Harsh/-
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