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Patna High Court

Avishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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


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