Patna High Court
VICKY KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 30(a), 41
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
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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
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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.
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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
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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
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