Patna High Court
Subodh Kumar @ Subodh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was granted to petitioner no.1 but denied to petitioner no.2.
Summary
The petitioners, Subodh Kumar and Shivkumar Yadav, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly keeping and selling illicit codeine‑containing cough syrup. The police recovered one litre of the syrup from the grocery shop of petitioner no.2 during a raid, but the recovery was made in his absence. Petitioners claimed innocence, arguing that no incriminating material was found on them and that petitioner no.1 has a clean antecedent, while petitioner no.2 has a prior case and is on bail. The court examined whether anticipatory bail should be granted, considering the recovery, the antecedent of petitioner no.2, and the possibility of false implication of petitioner no.1. It denied anticipatory bail to petitioner no.2, deeming the case unsuitable, but granted anticipatory bail to petitioner no.1 subject to bail bonds, sureties, and conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioner no.1 in view of the alleged recovery and his clean antecedent.
- Whether anticipatory bail should be granted to petitioner no.2 given the recovery from his shop and his prior offence.
- Whether the material on record is sufficient to justify denial of anticipatory bail to petitioner no.2.
Subjects
- anticipatory bail
- illicit drug
- codeine cough syrup
- excise law
- bail conditions
- habitual offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23883 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
1. Subodh Kumar @ Subodh Kumar Yadav, S/o Nityanand Yadav, R/o Village -
Laxmipur, Ward No. 21, Post - Murli Chandwa, Laxhmipur, P.S -
Udakishunganj, District - Madhepura
2. Shivkumar Yadav, S/o Late Jagrup Yadav @ Late Jagrup Prasad Yadav R/o
Village - Rampur Khora, Ward No. 7, P.S - Udakishunganj, District -
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are apprehending
their arrest in connection with Udakishunganj Excise P.S. Case
No. 15 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. As per prosecution case, police received
information about the petitioners keeping illicit cough syrup in
the grocery shop and selling the same through his
nephew/petitioner no.1 herein. A raid was conducted and 1 liter
of illicit codeine containing cough syrup was recovered from the
Patna High Court CR. MISC. No.23883 of 2026(2) dt.24-04-2026
2/3
grocery shop of the petitioner no.2.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. The recovery of 1 liter codeine containing cough syrup
was shown from the grocery shop of the petitioner no.2, but the
said recovery was made in his absence and the petitioners have
no concern with the said recovery. Nothing incriminating has
been recovered from the person/possession of the petitioners.
The petitioner no.1 is having clean antecedent, whereas the
petitioner no. 2 is having antecedent of one case and he is on
bail.
5. Learned APP vehemently opposes the submission
made on behalf of the petitioners. The learned APP submits that
the petitioner no. 2 is a habitual offender.
6. Since recovery has been shown from the grocery
shop of the petitioner no.2 and he is also having antecedent of
similar nature, I do not think it is a fit case for grant of
anticipatory bail to the petitioner no.2.
7. Accordingly, his prayer for grant of anticipatory
bail is rejected.
8. However, considering the absence of cogent
material against the petitioner no.1 and further considering the
Patna High Court CR. MISC. No.23883 of 2026(2) dt.24-04-2026
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possibility of false implication and also considering the clean
antecedent of the petitioner no.1, let the petitioner no.1 above
named, in the event of his arrest or surrender before the court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) 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 Udakishunganj Excise P.S. Case No. 15 of
2026, subject to the condition as laid down under Section 482(2)
of the BNSS, 2023 and other following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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