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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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


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