Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.
Summary
The petitioners, who were the driver and co‑driver of a truck, were arrested in Bihar after a seizure of 7,453.5 litres of codeine phosphate and triprolidine hydrochloride syrup alleged to be in violation of Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, were not in physical possession of it, and that the search and seizure were procedurally defective because no independent witness was present. They had been in judicial custody since 30 September 2025, and a charge‑sheet had already been filed. The State opposed bail. The Court, noting the alleged procedural lapses, the filing of the charge‑sheet, and the petitioners' clean criminal record, ordered that bail be granted on a bond of Rs 10,000 each with two sureties.
Issues considered
- Whether bail should be granted to the driver and co‑driver accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act despite the seizure of a large quantity of narcotic syrup.
- Whether the alleged violations of mandatory search‑and‑seizure procedures affect the right to bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- excise
- codeine
- search and seizure
- procedural violation
- drug trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11553 of 2026
Arising Out of PS. Case No.-633 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Yunus Khan @ Unus Khan S/O Babu Khan @ Babu Kha R/O Vill.- Bhaura
@ Bhanwara, P.S- Asta, Distt- Sihore @ Sehore, State- Madhya Pradesh
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 16887 of 2026
Arising Out of PS. Case No.-633 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
1. Manish Kumar S/o Hemraj @ Hemraj Singh R/o Village - Singpur @
Singhpur, P.S - Ladkui @ Lardkui, District - Sihor @ Sehore, State -
Madhya Pradesh
2. Dhiraj S/o Devbagas R/o Village - Bhaura, P.S - Aasta, District - Sihor @
Sehore, State - Madhya Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 11553 of 2026)
For the Petitioner/s : Mr.Priya Raj
For the Opposite Party/s : Mr.Narsingh Tanti
(In CRIMINAL MISCELLANEOUS No. 16887 of 2026)
For the Petitioner/s : Mr.Priya Raj
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-06-2026 As both these bail applications arise from the same
police station case number, hence, with consent of parties, they
are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners seek bail in a case registered for
Patna High Court CR. MISC. No.11553 of 2026(4) dt.11-06-2026
2/3
the offence punishable under Sections 30(a), 32 of the Bihar
Prohibition and Excise Act.
4. Perusal of the first information report and the
seizure list, would go to show that 7453.500 liters of Codeine
Phosphate and Triprolidine Hydrochloride Syrup is said to have
been recovered from the truck.
5. It is submitted by learned counsel for the
petitioners that there is no recovery from the physical and
conscious possession of the petitioners. It is submitted that the
petitioners of both the cases are driver and co-driver of the said
vehicle. Petitioners had no knowledge of the consignment that
was kept in the truck and they were only supposed to reach the
said consignment from Madhya Pradesh to the State of Assam
but midway in the State of Bihar, they were apprehended. It is
further submitted that the mandatory provisions of search and
seizure have been violated as there is no independent witness to
the seizure list. Petitioners are languishing in judicial custody
since 30.09.2025 and charge sheet has already been submitted.
6. Learned APP for the State opposes the prayer for
bail.
7. Taking into consideration the facts and
circumstances and also considering the violation of mandatory
Patna High Court CR. MISC. No.11553 of 2026(4) dt.11-06-2026
3/3
provisions of search and seizure and the charge-sheet having
been submitted, coupled with the fact that the petitioners have
no criminal antecedent, let the above named petitioners be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Excise P.S. Case
633 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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