Patna High Court
Abdul Barik @ Abdul Bari @ PappuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The regular bail application of the petitioner was rejected.
Summary
Abdul Barik was arrested in connection with the seizure of 128 litres of codeine syrup and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner sought regular bail, arguing that the case was based solely on an informant’s statement obtained from a co-accused in police custody, which he claimed lacked evidentiary value, and that he had been falsely implicated. The State opposed bail, highlighting the petitioner’s two prior convictions under the NDPS Act and asserting that he was a habitual offender involved in the growing menace of codeine abuse among youths. The court considered the seriousness of the offence, the petitioner’s antecedent record, and the lack of substantive evidence beyond the informant’s statement. Concluding that the petitioner posed a risk of reoffending and that the prosecution’s case was sufficient, the court rejected the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offence under the Bihar Prohibition and Excise Act.
- Whether the confessional statement of the informant, obtained in police custody, is admissible as evidence to justify bail denial.
- Whether the petitioner’s prior convictions under the NDPS Act render him a habitual offender warranting denial of bail.
Legislation cited
Subjects
- bail
- codeine syrup
- Bihar Prohibition and Excise Act
- NDPS Act
- habitual offender
- confessional statement
- evidentiary value
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25824 of 2026
Arising Out of PS. Case No.-1035 Year-2022 Thana- ARARIA District- Araria
======================================================
Abdul Barik @ Abdul Bari @ Pappu Son of Kamaluddin Resident of village -
Kasibari, Ward No.- 02, P.S.- Jokihat, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Ramesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-05-2026 1. Heard learned Senior counsel for the petitioner Mr.
N.K. Agrawal and learned A.P.P. for the State Mr. Chandra
Bhushan Prasad.
2. The petitioner seeks bail in connection with Araria
(Bairgachhi O.P. P.S. Case No.1035 of 2022, registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned Senior counsel for the petitioner submits
that petitioner has antecedent of two cases and is in custody
since 23.02.2026 and informant alleges that 128 litres of
codeine syrup was recovered from a Swift car and Naim was
arrested, who disclosed that the codeine syrup was purchased
from the petitioner.
Patna High Court CR. MISC. No.25824 of 2026(3) dt.13-05-2026
2/2
4. Learned Senior counsel for the petitioner submits
that petitioner has been falsely implicated in the instant case by
the informant based on confessional statement of Naim in police
custody which does not have any evidentiary value.
5. Learned APP Mr. Chandra Bhushan Prasad opposes
the regular bail application and submits that petitioner has
antecedent of two cases under NDPS Act. It is also submitted
that of late Codeine has become a menance in the State of Bihar
and the children of impressionable age are using codeine syrup
for the purposes of intoxication. It is further submitted that
petitioner appears to be a habitual offender.
6. Considering the submissions made by the learned
APP, the Court is not inclined to release the petitioner on bail.
7. The regular bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
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