Patna High Court
Bijendar Kumar @ Bijendra Kumar @ Bijendra RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail could not be granted as the seizure of the cough syrup and the seriousness of the offence under the Bihar Prohibition and Excise (Amendment) Act, 2022 warranted denial of bail.
Summary
The petitioner, Bijendar Kumar, sought anticipatory bail fearing arrest in a case (Mahishi P.S. Case No.45 of 2026) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 13.5 litres of cough syrup from his house. He claimed he was falsely implicated by an informant and that the house does not belong to him. The State opposed the bail, pointing out that the cough syrup was seized, the petitioner did not dispute the location, and that the substance is being misused by children, posing a societal menace. The court examined the seriousness of the offence and the material seizure, and found no sufficient ground to grant anticipatory bail. Consequently, the court rejected the petitioner's anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the seizure of cough syrup.
- Whether the petitioner can be considered falsely implicated given the seizure of the substance from the premises.
Legislation cited
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- cough syrup seizure
- false implication
- public nuisance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27617 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- MAHISHI District- Saharsa
======================================================
Bijendar Kumar @ Bijendra Kumar @ Bijendra Rajak S/o Dinesh Rajak R/o
Village - Baluaha Ward No. 15, P.S - Mahishi, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 09-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Mahishi P.S. Case No.45 of 2026, registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 13.5 litres of wiscof cough syrup
from the house of petitioner.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner was not arrested
from the spot and he came to be implicated at the instance of
Patna High Court CR. MISC. No.27617 of 2026(4) dt.09-07-2026
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local person.
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail of the petitioner and submits that
cough syrup was seized from the house of petitioner and
petitioner has not disputed that the house does not belong to
him. It is next submitted that cough syrup is being used by the
children of impressionable age for the purpose of intoxication
and thus is a menace for the society.
6. Considering the submissions made by the learned
APP, the court is not inclined to extend the privilege of
anticipatory bail to the petitioner.
7. The anticipatory bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
U T
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