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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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