Patna High Court

Sonu Yadav @ Sonu KumarversusThe State of Bihar

Decided: 4 May 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The court held that regular bail could not be granted given the seriousness of the alleged offence, the lack of reliable evidence, and the risk of absconding.

Summary

The petitioner, Sonu Yadav, applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 146.80 litres of codeine cough syrup from a house owned by Rita Devi. The petitioner argued he had no prior criminal record, was not arrested at the scene, and the only evidence was Rita Devi’s confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed bail, highlighting the seriousness of codeine misuse among children and the risk that the petitioner might abscond if released. After hearing both sides, the court declined to grant bail, noting the seriousness of the offence, the weak evidentiary basis, and the potential flight risk. The court ordered that the petitioner may renew his bail application after the charge is framed.

Issues considered

Whether regular bail should be granted to the petitioner in a case involving alleged possession of a large quantity of codeine cough syrup.
Whether the confessional statement of Rita Devi recorded in police custody has evidentiary value sufficient to justify bail.
Whether there is a risk of the petitioner absconding if released on bail.

Subjects

bail
codeine
prohibition law
excise
confessional statement
evidentiary value
risk of absconding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30422 of 2026
                      Arising Out of PS. Case No.-180 Year-2025 Thana- UDAKISHUNGANJ District-
                                                       Madhepura
                 ======================================================
                 Sonu Yadav @ Sonu Kumar S/O Vidyanand R/O Vill.- Bhawanandpur, Ward
                 No. 3, P.S.- Udakishunganj, Dist.- Madhepura.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amarnath Jha, Advocate
                 For the Opposite Party/s :      Mr. Ramesh Chandra, A.P.P.
                 ======================================================
                 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 a case registered for the

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

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 146.80 litres of codeine cough syrup from the house of

                   Rita Devi.

                                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 a house which does not belong to the petitioner

                   and he has no concern or relation with Rita Devi but then he came

                   to be implicated based on the confessional statement of Rita Devi
           Patna High Court CR. MISC. No.30422 of 2026(2) dt.04-05-2026
                                                       2/2




                     in police custody which does not have any evidentiary value in the

                     eye of law and is in custody since 07.04.2026.

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

                     prayer for regular bail of the petitioner and submits that allegation

                     is of recovery of 146.80 litres of codeine cough syrup. It is further

                     submitted that of late codeine in the State of Bihar has become a

                     menon as the young children are using it for the purposes of

                     intoxication. It is next submitted that if the privilege of regular bail

                     is granted to the petitioner, the petitioner may abscond.

                                  6. After hearing the learned counsel for the parties, the

                     Court is not inclined to release the petitioner on bail in connection

                     with Udakishunganj P.S. Case No. 180 of 2025 pending in the

                     Court of learned District & Additional Sessions Judge-V-cum-

                     Special Judge, Excise-I, Madhepura/Successor Court.

                                  7. Hence, the prayer for bail is rejected.

                                  8. However, the petitioner would be at liberty to renew

                     his prayer for bail after framing of charge.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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