Patna High Court
Rohit Kumar @ Rohit PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to both petitioners.
Summary
The petitioners, Vinod Kumar and Rohit Kumar, were arrested in connection with a case involving the seizure of 200 litres of codeine‑containing cough syrup from a tempo, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Act. They contended that Vinod was merely the driver, Rohit was a passenger, and neither had knowledge of or possession of the contraband, arguing that the seizure violated Section 105 of the BNSS and that the matter, if any, should be dealt with under the Drugs and Cosmetics Act. The State opposed bail, while the petitioners highlighted their clean record and prolonged pre‑trial detention since 23‑12‑2025. After hearing both sides, the Court found merit in the petitioners' arguments and decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Judge‑II, Patna.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the seizure of the cough syrup complied with Section 105 of the BNSS.
- Whether the accused's lack of knowledge and possession warrants bail despite the alleged offence.
Legislation cited
- BNSS — s. 105
- Drugs and Cosmetics Act
Subjects
- bail
- Bihar Prohibition & Excise Act
- codeine
- seizure
- Section 105
- Drugs and Cosmetics Act
- criminal antecedent
- Exclusive Special Excise Judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15420 of 2026
Arising Out of PS. Case No.-1040 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Vinod Kumar S/O Late Narayan Yadav R/O Vill-Dariyapur Gola,Near Of
Radha Krishna Mandir,P.S-Pirbahore,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 18325 of 2026
Arising Out of PS. Case No.-1040 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Rohit Kumar @ Rohit Paswan Son of Shyam Babu Paswan Resident of
Village/ Mohalla- Adaltghat, P.S.- Pirbahore, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 15420 of 2026)
For the Petitioner/s : Mr. Arvind Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Parmanand Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 18325 of 2026)
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Adv.
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Pirbahore P.S. Case No. 1040 of 2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
Patna High Court CR. MISC. No.15420 of 2026(3) dt.23-04-2026
2/3
3. The case of the prosecution, in short, is that
altogether 200 liters of cough syrup containing codeine was
recovered from a tempo.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that the petitioners, namely Vinod Kumar,
was the driver, and Rohit Kumar was sitting in the said tempo. He
also submits that Vinod Kumar is the driver and he was not having
knowledge regarding the alleged cough syrup being kept in the
auto. He further submits that nothing has been recovered from the
possession of the petitioners. The witnesses of the seizure list are
police personnel, and the police have not complied with Section
105 of the BNSS while making the seizure. He further submits that
at most this is a case of contravention of the Drugs and Cosmetics
Act. So far as petitioner namely, Rohit Kumar is concerned, it is
submitted that he was merely passing by the place of occurrence
and has been falsely implicated by the police in the present case.
Moreover, a statement has been made in para 3 of the petition
that petitioners have no criminal antecedent and they are
languishing in judicial custody since 23.12.2025.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.15420 of 2026(3) dt.23-04-2026
3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Judge-II, Patna in connection with
Pirbahore P.S. Case No. 1040 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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