Sonu KumarversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26969 of 2026
                       Arising Out of PS. Case No.-40 Year-2026 Thana- ALAMGANJ District- Patna
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                 Sonu Kumar S/O late Krishna Prasad Resident of Karan Samrat Community
                 Hall, Bajrangipur, P.S.- Alamganj, District- Patna Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashutosh Nath, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-05-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner has prayed for bail in connection

                   with Alamganj P.S. Case No. 40 of 2026 registered for the

                   offence punishable under Sections 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   godown, altogether 791 liters of Wiscorex and Chefax-TC

                   cough syrup containing codeine were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is not concerned in any

                   way with the godown. He was passer-by and he was
Patna High Court CR. MISC. No.26969 of 2026(2) dt.15-05-2026
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          apprehended by the police. Nothing has been recovered from the

          possession of the petitioner. He further submits that in this case,

          Wiscorex and Chefax-TC cough syrup containing codeine were

          recovered and their recovery attracts Drugs and Cosmetics Act.

          He further submits that other co-accused person namely, Sonu

          Kumar has already been granted bail by this Court vide Cr.

          Misc. No. 20761 of 2026. Moreover, a statement has been made

          in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          14.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State and stated that since cough syrup containing

          codeine have been recovered, the case should have been filed

          under Drugs and Cosmetics Act and N.D.P.S. Act.

                       6. In this case, cough syrup containing codeine has

          been recovered, which is only the violation of Drugs and

          Cosmetics Act as cough syrup containing codeine comes under

          Schedule-H Drugs and for which the person who is keeping

          these drugs must keep a separate register.

                       7. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named
           Patna High Court CR. MISC. No.26969 of 2026(2) dt.15-05-2026
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                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Court

                     of Exclusive Special court of Excise, Patna City in connection

                     with Alamganj P.S. Case No. 40 of 2026.



Sudhanshu/-                                         (Ashok Kumar Pandey, J)
Raushan/-

U      T