IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18777 of 2025 Arising Out of PS. Case No.-654 Year-2022 Thana- ARARIA District- Araria ====================================================== Shah Ayub @ Aiyub Sah @ Aiyyub S/o Rasul R/o vill - Mirjhabhag, ward no. 03, Belwa, P.S. - Araria, Distt.- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Leelawati Kumari, Advocate Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 17-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Araria P.S. Case No.654 of 2022 registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act. 3. A perusal of F.I.R and seizure list would show a total of 1579 bottles (total 157.90 litres) of codein syrup is said to have been recovered from the house of petitioner. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. No recovery has been made from the physical or conscious possession of the petitioner and the recovery has been shown from his house which is a joint family property and the petitioner has no Patna High Court CR. MISC. No.18777 of 2025(3) dt.17-07-2025 2/2 knowledge as to whom the concerned codein syrup belongs. The petitioner has no criminal antecedent and undertakes to co- operate in investigation/trial. 5. The application for bail is opposed by learned APP for the State on the ground that the alleged recovery has been made in presence of independent witnesses and the said recovery is of huge quantity and codein is the component which comes under the schedule of NDPS Act. 6. Considering the aforementioned facts of the case, I am not inclined to grant privilege of anticipatory bail to the petitioner and the application is rejected. However, if the petitioner surrenders before the learned Court below within a period of three weeks and seeks regular bail, it may be taken consideration that the petitioner has no criminal antecedent. Harsh/- (Soni Shrivastava, J) U T