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Patna High Court

Sudhir KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant bail to the petitioner.

Summary

The petitioner, Sudhir Kumar, applied for bail in a case registered under Sections 30(a) and 41 of the Bihar Excise Act for alleged possession of large quantities of codeine cough syrup recovered from his poultry farm and vehicles. He argued that he has a clean antecedent, was not arrested at the scene, and that the seized items were not in his conscious possession, contending that the investigation relied on secret information. The State opposed bail, emphasizing the growing menace of codeine abuse among children and asserting that the codeine was indeed recovered from the petitioner’s premises. After hearing both sides, the Court found the circumstances insufficient to justify release on bail. Consequently, the bail petition was rejected, though the petitioner was permitted to renew the application after the charge is framed.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Excise Act given the nature of the alleged offence and the circumstances of arrest.

Subjects

  • bail
  • excise law
  • codeine
  • drug seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29648 of 2026
                       Arising Out of PS. Case No.-272 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Sudhir Kumar S/o Vishundev Yadav @ Bishundev Yadav Resident of village-
                 Lakhni, PS- Mahishi, District-Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sharda Nand Mishra
                 For the Opposite Party/s :        Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in connection with

                   Mahishi PS Case No. 272 of 2025 registered for the offences

                   punishable under Sections 30(a) and 41 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 80 litres of codeine cough syrup from poultry farm

                   of the petitioner, 16 litres of codeine cough syrup from a

                   motorcycle and 21 litres of codeine cough syrup from a Maruti

                   Swift Dzire Car.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of
              Patna High Court CR. MISC. No.29648 of 2026(2) dt.04-05-2026
                                                          2/2




                        any of the seized vehicles and he came to be implicated based

                        on secret information which is the easiest way to implicate

                        someone without holding a proper investigation. It is next

                        submitted that no prudent person would use his business

                        premises for committing an occurrence and thus would create

                        evidence against himself and hence would get implicated. It is

                        further submitted that petitioner is in custody since 25-2-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner and submits that of late

                        codeine has become a menace as children of young age are

                        using it for the purposes of intoxication. It is next submitted

                        that codeine is alleged to have been recovered from the poultry

                        farm of the petitioner and the place of occurrence is not denied.

                                 6.     After hearing the learned counsel for the parties,

                        the Court is not inclined to release the petitioner on bail.

                                 7.     Accordingly, the prayer for bail of the petitioner is

                        rejected.

                                 8.     However, petitioner would be at liberty to renew

                        his prayer for bail after framing of charge.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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