Patna High Court
Prahlad Kumar @ LukkuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Prahlad Kumar was arrested on 14 January 2026 in connection with a case of alleged transportation of prohibited codeine cough syrup under Section 30(a) of the Bihar Excise and Prohibition Amendment Act. The police seized 700 litres of the syrup from a tempo and a further 791 litres from a godown, but no independent witness to the search was present and the petitioner was not the owner of the vehicle. The petitioner, who has a clean antecedent, argued that similar co‑accused had already been granted bail and that the seizure did not comply with mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The State opposed bail, citing the seriousness of the offence. The Court, noting the petitioner’s clean record, the bail already granted to co‑accused, and the procedural lapses, ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions for cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offence under Section 30(a) of the Bihar Excise and Prohibition Amendment Act.
- Whether non‑ownership of the vehicle and alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 affect the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- codeine cough syrup
- Section 30(a)
- BNSS 2023
- clean antecedent
- non‑ownership of vehicle
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24520 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Prahlad Kumar @ Lukku S/o Akhilesh Rai @ Akhilesh Ram R/o - Gudki
Mandi, Arfabad Nahar Alamganj, P.S - Alamganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.01.2026 in connection with Alamganj P.S. Case No. 40 of
2026 for the offence punishable under Section 30(a) of Bihar
Excise and Prohibition Amendment Act.
3. The prosecution story, in brief, is that on 12.01.2026
at 17 O'Clock during course of vehicle checking the informant
received information with regard to transportation prohibited
cough syrup. A team was constituted and Vehicle Checking was
started. It was further alleged that during that course a Tempo
was signaled to stop but the driver attempts to flee. The vehicle
was chased. Two persons were caught who disclosed their
Names as Prahalad Kumar and Sonu Kumar.
Patna High Court CR. MISC. No.24520 of 2026(3) dt.10-04-2026
2/4
It was further alleged that several persons had assembled there
but none agreed to witness search and seizure. During search
Total 50 Cartons of codeine cough syrups each containing 140
bottles of 100 ml was recovered from the Tempo. The total
cough syrup quantified in liters came to 700 liters. No document
relating to said cough syrup was provided. The informant
further alleged that the petitioner and co-accused disclosed
before consignment was to be delivered in the godown of
Manish Kumar @ Manu situated in the House of Upendra
Kumar. The police reached the said godown at 23.30 O'clock.
Two persons were caught namely Manoj Kumar and Sonu
Kumar again no independent person agreed to witness search
and seizure. The godown was search in which 25 cartons of
codeine cough Syrup totaling 751 liter was seized.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from FIR and
seizure list that 700 liters of codeine cup syrup was recovered
from the tempo in question and from the godown of co-accused
persons 791 liters of codeine cup syrup was recovered,
altogether 1491 liters of codeine cup syrup was recovered.
Learned counsel for the petitioner submits that from bare
perusal of the seizure list it appears that there is non-compliance
Patna High Court CR. MISC. No.24520 of 2026(3) dt.10-04-2026
3/4
of mandatory provisions of Sections 103 and 105 of BNSS,
2023 and petitioner is not the owner of the vehicle in question
and co-accused persons, namely, Manoj Kumar has been
granted bail vide order dated 19.03.2026 passed in Cr. Misc. No.
17707 of 2026, Sonu Kumar has been granted bail vide order
dated 02.04.2026 passed in Cr. Misc. No. 20761 of 2026,
Manish Kumar has been granted bail vide order dated
25.03.2026 passed in Cr. Misc. No. 16717 of 2026 and Madan
Kumar has been granted bail vide order dated 25.03.2026
passed in Cr. Misc. No. 16796 of 2026 by the Coordinate Bench
of this Court and the petitioner is in custody since 14.01.2026.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and that petitioner is a person with clean antecedent and the fact
that similar set of co-accused persons have been granted bail by
Coordinate Bench of this Court, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the Court of learned Special Judge Exclusive
Special Court of Excise, Patna City, Patna in connection with
Alamganj P.S. Case No. 40 of 2026, subject to the following
Patna High Court CR. MISC. No.24520 of 2026(3) dt.10-04-2026
4/4
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
Checking your session…