IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17265 of 2022

Arising Out of PS. Case No.-5 Year-2022 Thana- KODHOBARI District- Kishanganj

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ASGAR ALI S/o Jan Mohammad R/o village- Laxmipur, P.S.- Kodhobari,

District- Kishanganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Rajeev Ranjan

For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

2

22-07-2022

Heard learned counsel for the petitioner and the State.

Petitioner apprehends his arrest in a case registered

for the offence punishable under Section 30 (a) of the Bihar

Prohibition & Excise Act.

As per the prosecution case, 20 bottles of 100 ml of

Codine cough syrup were recovered from the shop of this

petitioner.

Learned counsel appearing for the petitioner submits

that petitioner is innocent and has falsely been implicated in the

case. No incriminating article has been recovered from the

conscious possession of the petitioner and he is no way

concerned with the alleged recovery. It is further submitted that

cough syrup does not come in the purview of Bihar Prohibition

& Excise Act.

Patna High Court CR. MISC. No.17265 of 2022(2) dt.22-07-2022

2/2

Learned counsel appearing for the State opposes the

prayer for anticipatory bail and submits that 20 bottles of 100

ml of Codine cough syrup were recovered from the shop of this

petitioner.

Considering the nature of accusation and gravity of

the offence, I am not inclined to enlarge the petitioner on

anticipatory bail. Accordingly, the same is rejected.

BKS/-

(Prabhat Kumar Singh, J)

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