IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27842 of 2025 Arising Out of PS. Case No.-117 Year-2024 Thana- PALASI District- Araria ====================================================== Subhan Ali S/o Late Ismail R/o Village- Pipra Bijwar, P.S.- Palasi, District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 5 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks regular bail in connection with Palasi P.S. Case No. 117 of 2024 for the offences registered under Sections 30(a) & 30(d) of the Bihar Prohibition & Excise Act. 3. As per the prosecution case, on secret information, police party reached at the house of petitioner and recovered 1.8 litre Codein cough syrup and 17 litre raw material for making cough syrup, 130 empty bottle of cough syrup and 150 cap of empty bottle. Petitioner managed to flee away from the spot. One female was apprehended on the spot who disclosed her name as Khoosboo Khatoon. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not arrested on the spot and nothing incriminating has been recovered from his conscious possession. There is no Patna High Court CR. MISC. No.27842 of 2025(5) dt.03-09-2025 2/2 compliance of mandatory provisions of search and seizure. Petitioner has no concern with the seized material. It is submitted that charge-sheet under Sections 30(a), 30(d) of the Bihar Prohibition & Excise Act and Section 21(c) of N.D.P.S. Act has already been submitted in this case. Accordingly, charge has been framed under the said Sections. Petitioner has one criminal antecedent of similar nature. He is in judicial custody since 17.10.2024. 5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner and submits that the recovered 1.8 litre Codein Cough Syrup comes under the commercial quantity under the N.D.P.S. Act and the said recovery has been made from the house of the petitioner. Further, petitioner has one criminal antecedent of similar nature. 6. Considering submissions made on behalf of the parties, facts and circumstances of the case and the fact that the recovered Codein Cough Syrup comes under commercial quantity and petitioner has one criminal antecedent of similar nature, this Court is not inclined to enlarge the petitioner above-named on bail. Accordingly, the prayer of bail of the petitioner is rejected. rakhi/- (Sunil Dutta Mishra, J.) U T