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Patna High Court

Gaurishankar @ Gauri ShankarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

The petitioner, Gaurishankar, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. He was alleged to be involved in the recovery of 70.2 litres of codeine cough syrup and 32.625 litres of liquor from the residence of Gopal Prasad Singh, a person with whom he claimed no relationship. The petitioner argued that he was not arrested at the scene, no contraband was found in his immediate possession, and the identification documents found at the site merely implicated him. The State contended that the presence of the petitioner’s Voter ID, PAN, and Aadhaar cards at the location, coupled with the societal menace of codeine misuse, justified investigation and interrogation. After hearing both sides, the Court declined to grant anticipatory bail, emphasizing the seriousness of the allegations and the need for further investigation. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the presence of the petitioner’s identification documents at the scene suffices to deny anticipatory bail.
  • Whether the alleged recovery of codeine cough syrup and liquor without the petitioner’s direct possession warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • codeine cough syrup
  • excise law
  • possession
  • investigation
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29881 of 2026
                       Arising Out of PS. Case No.-172 Year-2025 Thana- Balwahat District- Saharsa
                 ======================================================
                 Gaurishankar @ Gauri Shankar S/o Jawahar Singh R/o vill- Sonpura, PS-
                 Balwahat, District- Saharsa
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Satish Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Dr. Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 70.2 litres of codeine cough syrup along with

                   32.625 litres of liquor from the house of Gopal Prasad Singh.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from the house of Gopal Prasad Singh with whom

                   petitioner has no concern or relation but then petitioner came to

                   be implicated at the instance of the Chawkidar with whom he is
           Patna High Court CR. MISC. No.29881 of 2026(2) dt.05-05-2026
                                                       2/2




                     on an inimical term on which learned A.P.P. submits that from

                     perusal of the allegation as alleged in the FIR, it would manifest

                     that Voter Identify Card, Pan Card and Aadhaar Card of the

                     petitioner was found at the place of occurrence and, thus, the

                     petitioner came to be implicated. Learned A.P.P. further submits

                     that of late codeine has become a menace in the society as

                     young boys of tender age are using codeine cough syrup for the

                     purposes of intoxication. Learned A.P.P. next submits that the

                     case requires to be investigated for which interrogation of the

                     petitioner is necessary.

                                  5. After hearing the learned counsel for the parties

                     and taking into consideration the submissions made by the

                     learned A.P.P. for the State, the Court is not inclined to extend

                     the privilege of anticipatory bail to the petitioner in connection

                     with Balwahat P.S. Case No. 172 of 2025 pending in the Court

                     of learned Exclusive Special Judge Excise-1, Saharsa/Successor

                     Court.

                                  6. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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