Patna High Court
Nabi Hasan @ NabihasanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail could not be granted and dismissed the petition.
Summary
The petitioner, Nabi Hasan, applied for anticipatory bail after a police raid recovered 15 litres of cough‑syrup containing codeine from a bush near his house. He claims a clean record and argues that the substance was not in his possession and that he fled before being apprehended. The State contends that secret information linked the petitioner to a codeine business and that he was apprehended during the raid. The petition cites offences under Sections 126(2), 115(2), 132, 262, 303(2), 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. After hearing both sides, the Court declined to grant anticipatory bail, finding the allegations sufficient to deny the privilege. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged possession of codeine‑containing cough syrup
- Whether the allegations in the FIR justify denial of anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 126(2), 132, 262, 303(2), 3(5)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- codeine
- narcotic substances
- excise law
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85090 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Nabi Hasan @ Nabihasan S/O Budhhu Resident of - Bhagwanpur, P.S-
Jokihat, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar Agrawal
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in Jokihat P. S. Case No.259 of 2025 registered for
the offences punishable under Sections 126(2), 115(2), 132,
262, 303(2),3(5) of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits
that the petitioner is a person with clean antecedent and
allegation is of recovery of 15 litres of cough syrup from a
bush behind the house of the petitioner.
4. The learned counsel for the petitioner submits
that petitioner was not arrested from the spot, as such,
Patna High Court CR. MISC. No.85090 of 2025(4) dt.23-02-2026
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nothing was recovered from his conscious possession, but
then, the recovery was made from a place adjacent to his
house and as such, the petitioner came to be implicated
based on secret information with an allegation that the
police raided his house and apprehended the petitioner, but
then, petitioner fled.
5. Learned A.P.P. opposes the anticipatory bail
application and submits that no doubt, the cough syrup
containing codeine was found from a place near the house
of the petitioner, but then, police had secret information that
petitioner was involved in the business of codeine and thus
had raided his house and petitioner was even apprehended.
6. It is also submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that it
was petitioner who had disclosed his name but taking
advantage, the petitioner fled and from a bush adjacent to
his house, the codeine was recovered. It is also submitted
that it is not a case of liquor rather codeine is alleged to
have been recovered which is psychotropic substance and
the investigation is continuing.
7. Considering the submissions made by the
Patna High Court CR. MISC. No.85090 of 2025(4) dt.23-02-2026
3/3
learned A.P.P., the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner.
8. The prayer of the petitioner for anticipatory bail
stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
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