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Patna High Court

Prahlad Kumar @ LukkuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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