Patna High Court
Avishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Avishek Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly dealing in codeine‑containing cough syrup. The prosecution claimed that a raid recovered 222 litres of the syrup from a bamboo hut, while the petitioner contended that the hut did not belong to him, the seizure violated Section 103 of the Bihar Narcotic Substances (Control) Act, and the seized quantity (444 g) was below the commercial threshold of one kilogram. The petitioner, who had been in custody since 11‑Oct‑2025 and had no prior criminal record, applied for bail. The State opposed the bail. After hearing both sides, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of regular appearance and cancellation if the petitioner reoffends.
Issues considered
- Whether the petitioner is entitled to bail under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the seizure of the codeine syrup violated Section 103 of the Bihar Narcotic Substances (Control) Act.
- Whether the quantity seized constitutes a 'commercial quantity' under the Excise Act.
- Whether the alleged premises belong to the petitioner, affecting the validity of the search.
Legislation cited
Subjects
- bail
- excise law
- codeine
- controlled substance
- commercial quantity
- search and seizure
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances (Control) Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14359 of 2026
Arising Out of PS. Case No.-251 Year-2025 Thana- Excise P.S. District- Madhepura
======================================================
Avishek Kumar Son of Tribhuan Yadav @ Tribhuwan Yadav Resident of
Village - Budhnagar, Ward No.- 03, Police Station - Ghailadh, District -
Madhepura.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Yadav
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Madhepura Excise P.S. Case No. 251 of 2025, registered for the
offence under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the allegation, the informant got a secret
information that the petitioner is dealing in sale and purchase of
Codeine containing cough syrup. Accordingly, a raid was
conducted and, as per the allegation, from a hut made of
bamboo, total 222 liters of Codeine containing cough syrup was
recovered. The said recovery was made in a concealed state
from the heap containing burning wood.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.14359 of 2026(4) dt.06-05-2026
2/3
that the hut in question from where the said recovery was
allegedly made does not belong to the petitioner. It is further
submitted that the search and seizure is in violation of Section
103 BNSS. It has further been submitted that the case does not
fall under the Excise Act. Learned counsel for the petitioner has
referred to paragraph 3 of the supplementary affidavit in which
it has been submitted that the quantity of Codeine recovered
from the entire seizure is 444 grams and hence it is much less
than commercial quantity, which is one kg. He has further
submitted that the petitioner is in custody since 11.10.2025 and
has got no criminal antecedent.
5. Learned A.P.P. for the State opposed the prayer for
bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the, above named, petitioner 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 learned
Additional Sessions Judge VII-cum-Special Judge Excise-II,
Madhepura, in connection with Madhepura P.S. Case No. 251 of
2025.
8. It is directed that the petitioner would appear on
Patna High Court CR. MISC. No.14359 of 2026(4) dt.06-05-2026
3/3
each and every date in the trial and on default on two successive
dates without reasonable explanation, the bail of the petitioner
would be cancelled.
9. It is further directed that if the petitioner gets
himself involved in similar nature of offence, the prosecution
will be at liberty to file appropriate petition for cancellation of
his bail.
(Praveen Kumar, J)
Pawan/-
U T
Checking your session…