Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Dilkhush Kumar, sought anticipatory bail fearing arrest in a case (PS Case No. 359 of 2025) under Section 30(a) of the Bihar Excise Act for allegedly recovering 19.8 litres of codeine cough syrup from a grocery shop owned by Bihari Kumar. The petitioner argued he has a clean record, was not arrested at the scene, no contraband was found in his possession, and the allegation rests solely on a confessional statement made by Bihari Kumar while in police custody, which the petitioner contended lacks evidentiary value. The State opposed the bail, emphasizing that codeine misuse has become a serious problem in Bihar, especially among youth. The court considered the State's submission and the lack of direct evidence against the petitioner. Consequently, the court declined to grant anticipatory bail, rejecting the petitioner's prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the absence of seized contraband and reliance on a custodial confessional statement.
Subjects
- anticipatory bail
- Bihar Excise Act
- codeine
- drug possession
- confessional statement
- police custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11334 of 2026
Arising Out of PS. Case No.-359 Year-2025 Thana- UDAKISHUNGANJ District-
Madhepura
======================================================
Dilkhush Kumar Son of Saken Yadav @ Sikendra Yadav Resident of Uda
Chowk, Ward No. 02, P.S.- Udakishunganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar \
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Aggarwal, Sr. Adv
Dr. Bidhu Ranjan, Adv
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Udakishunganj PS Case No. 359 of 2025 registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 19.8 litres of codeine cough syrup from grocery
shop of Bihari Kumar.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.11334 of 2026(3) dt.27-04-2026
2/2
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Bihari in police custody which does not have any evidentiary
value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that of late in the
State of Bihar Codeine has become a menace and young
children are using the same for the purposes of intoxication.
6. Considering the submission made by learned APP,
the Court is not inclined to extend the privilege of anticipatory
bail to the petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…