Patna High Court

Piyush KumarversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because the nature of the accusation and the place of recovery indicated sufficient grounds for arrest.

Summary

The petitioner, Piyush Kumar, was implicated in a case (PS Case No. 41 of 2026) for alleged offences under Sections 30(a)(f) and 44 of the Bihar Prohibition and Excise Act after 4 litres of codeine‑containing cough syrup were recovered from his courtyard. The petitioner argued that no incriminating material was found in his conscious possession and that the accusation was based solely on suspicion, also highlighting his clean antecedent. The State opposed the petitioner's request for anticipatory bail, emphasizing the seriousness of the drug‑related offence and the location of the seizure. The learned single judge considered the nature of the accusation and the place of recovery as factors indicating a likelihood of the petitioner’s involvement. Consequently, the court refused the petitioner's prayer for anticipatory bail, leaving him subject to arrest.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case

Subjects

anticipatory bail
drug possession
Bihar Prohibition and Excise Act
codeine syrup
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28601 of 2026
                     Arising Out of PS. Case No.-41 Year-2026 Thana- EXCISE GOGRI District- Khagaria
                  ======================================================
                  Piyush Kumar S/O Late Pramod Yadav R/O Village- Bhadlay, Ward No.- 17,
                  P.S- Maheshkunt, Distt.- Khagaria                      ... ... Petitioner/s
                                                    Versus
                  The State of Bihar                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Chandan Kumar Kashyap, Advocate
                  For the Opposite Party/s :       Ms. Asha Devi, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    30-04-2026                  Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in Gogari Excise P. S.

                    Case No. 41 of 2026 registered for the offences punishable

                    under Sections 30(a)(f), 44 of Bihar Prohibition and Excise Act.

                                 3. As per prosecution case, 4 liters codeine mix cough

                    syrup was recovered from the courtyard of this petitioner.

                                 4. Learned counsel for the petitioner submits that no

                    incriminating material has been recovered from conscious

                    possession of the petitioner. He has been made accused in this

                    case only on suspicion. Petitioner claims clean antecedent.

                                 5. Learned A.P.P. for the State opposes prayer for bail.

                                 6. Considering the nature of accusation and place of

                    recovery, prayer for anticipatory bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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