Created by Fuzzy Cloud

Patna High Court

VICKY KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to Vicky Kumar subject to the stipulated conditions.

Summary

The petitioner Vicky Kumar was arrested on 30 November 2025 in connection with a seizure of 546 litres of codeine‑based cough syrup from a Tata Magic van and a luxury vehicle, alleged to be offences under Sections 30(a) and 41 of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based on a secret tip, recovery of the narcotic from the vehicle, and statements that the syrup was supplied by other persons, while the accused denied involvement and claimed the FIR was fabricated. The petitioner pleaded that he has a clean antecedent, that nothing was recovered from his person, and that mandatory provisions of Section 103 of the Act were not complied with. The court noted the co‑accused Sonu Ram had already been granted bail and considered the petitioner’s lack of prior record. Accordingly, the court ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail under Sections 30(a) and 41 of the Bihar Narcotic Substances Act, 2023 given the circumstances of arrest and seizure.
  • Whether the mandatory procedural requirements of Section 103 of the Bihar Narcotic Substances Act, 2023 have been complied with in the FIR and investigation.

Legislation cited

Subjects

  • bail
  • narcotic drugs
  • codeine cough syrup
  • Section 30
  • Section 41
  • Section 103
  • clean antecedent
  • drug trafficking
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13624 of 2026
                        Arising Out of PS. Case No.-278 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
                 VICKY KUMAR S/O KAMLESH PRASAD R/o vill - Milkipar, P.S.- Goshi,
                 Distt.- Jehanabad, Bihar


                                                                                      ... ... Petitioner

                                                        Versus
                 The State of Bihar


                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Kumar
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   10-04-2026                      Heard leaned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. Petitioner seeks bail who is in custody since

                   30.11.2025 in connection with Bihra P.S. Case No. 278 of 2025

                   for the offences punishable under Sections 30(a) and 41 of BNS,

                   2023.

                               3. The prosecution story, in brief, is that informant

                   Raju Kumar, SI received a secret information that a Tata Magic

                   van loaded with cartons containing a large quantity of banned

                   cough syrup and a white coloured four wheeler luxury vehicle is

                   parked in which three persons are present adjacent to aforesaid

                   magic van in vacant land in front of house of Arjun Roy at
Patna High Court CR. MISC. No.13624 of 2026(3) dt.10-04-2026
                                            2/5




          Village Bela, ward No.-14. For the verification of information,

          informant along with accompanied force reached near house of

          Arjun Roy where they saw one tata magic van loaded with

          cartons and a luxury vehicle parked on the roadside and some

          peoples are unloading cartons from the pickup who started to

          flee away on seeing the police, Police chased them & caught

          three persons while other unknown poerson are managed to

          escape. On enquiry, arrested persons told their name as 1. Sonu

          Ram 2. Nitish Kumar & 3. Vicky Kumar & further on enquiry,

          about the name and address of persons who fled away and

          driver of Tata Magic pickup, they could not state anything but

          they gave a mobile no. of driver i.e. 7870701312. Therafter, two

          constables namely Md. Razzaq & Gandev Ram are considered

          as independent witnesses and after following the procedure,

          police searched all three apprehended persons as well as both

          the vehicle in presence of them. During search, total 546 liters

          of codeine cough syrup are recovered from Tata Magic bearing

          Reg. No.BR01GN 3454 & 05 mobile phones were recovered

          from arrested accused. Upon strict interrogation regarding

          banned cough syruph they revealed that it was provided by

          Suryaprakash @ Ganni (Mob. No. 9097776723, 9934453735)

          and Munchun Mahto (Mob. No. 8292597711) near Krishna
Patna High Court CR. MISC. No.13624 of 2026(3) dt.10-04-2026
                                            3/5




          Niketan School, Patna. They loaded the Tata Magic with the

          banned wiscof cough syrup and provided the MG Hector four

          wheeler to guide the van. They were instructed to deliver it to

          Saharsa in consultation with mobile no. 9798974886 which is

          caught by police.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that it appears from the

          FIR that nothing has been recovered from the conscious

          possession of the petitioner and the recovery is made from the

          vehicle in question and altogether 546 liters of codeine cough

          syrup has been recovered from the vehicle in question. It is next

          submitted that there is non-compliance of mandatory provisions

          of Section 103 of BNSS, 2023. It is also submitted that co-

          accused person, namely, Sonu Ram @ Sonu has been granted

          bail vide order dated 31.03.2026 passed in Cr. Misc. No. 19410

          of 2026 by a Coordinate Bench of this Court and the police after

          investigation has submitted charge-sheet and the petitioner is in

          custody since 30.11.2025.
Patna High Court CR. MISC. No.13624 of 2026(3) dt.10-04-2026
                                            4/5




                      5. Learned APP for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts that petitioner has

          clean antecedent, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Special Judge (Excise)-II, Saharsa in connection

          with Bihra P.S. Case No. 278 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be canceled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
           Patna High Court CR. MISC. No.13624 of 2026(3) dt.10-04-2026
                                                       5/5




                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.