Patna High Court
Basant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner with a Rs.30,000 bond and conditions under the B.N.S.S., 2023.
Summary
The petitioner, Basant Kumar, sought anticipatory bail in connection with an excise case alleging possession of 53.6 litres of prohibited codeine syrup under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He claimed innocence, stating that the seized syrup was recovered from a family courtyard and not from his personal possession, and that his father is the main accused. The State opposed the bail. The Court, considering the facts, granted anticipatory bail subject to a Rs.30,000 bail bond under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023 and conditions under Section 482(2) of the same Act, directing the trial court to verify any undisclosed criminal antecedents and cancel the bail if concealment is found.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s alleged lack of personal possession of the prohibited substance justifies bail
- Applicability of bail bond provisions under Section 2(1)(d) and Section 482(2) of the Bihar Narcotic Substances (Suppression) Act, 2023
Subjects
- anticipatory bail
- excise law
- codeine syrup
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15746 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Basant Kumar Son of Sri Lal Yadav Resident of Village Mankhahi Ward No.-
08, Police Station - Bihra, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Saharsa Excise P.S. Case No. 290 of 2025 lodged on
31.07.2025, for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, total recovery of 53.600
litres of prohibited codeine syrup has been made, which is the
subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the father of the petitioner is the main accused in
Patna High Court CR. MISC. No.15746 of 2026(2) dt.25-03-2026
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this case and he was arrested by the police and also named in
the FIR. Counsel submits that nothing has been recovered from
the conscious possession of the petitioner and the alleged
recovery has been made from the courtyard which itself is
commonly used by the family. Counsel further submits that the
petitioner has clean antecedent and he is ready to fulfill all the
conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Judge (Excise) I, Saharsa, in connection with Saharsa
Excise P.S. Case No. 290 of 2025, subject to the conditions as
laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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