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Patna High Court

Law Kumar @ Love Kumar @ Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Law Kumar, applied for anticipatory bail in a case under Sections 30(a) and 32(iii) of the Excise Act for allegedly possessing 5 litres of codeine cough syrup recovered from a motorcycle. He argued that he has a clean record, was not arrested at the spot, did not have conscious possession, and is not the owner of the seized vehicle; the allegation rests on a confessional statement made by Aadarsh while in police custody, which the petitioner claimed lacks evidentiary value. The State opposed the bail, emphasizing the growing menace of codeine abuse among children in Bihar and the need for thorough investigation and interrogation of the accused. The court considered the submissions and, noting the seriousness of the offence and the lack of substantive evidence linking the petitioner to the seized contraband, declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether a confessional statement made in police custody can form the basis for bail denial.
  • Whether the alleged recovery of codeine without proof of conscious possession justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • codeine
  • confessional statement
  • bail jurisprudence
  • narcotics

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30954 of 2026
                      Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Law Kumar @ Love Kumar @ Raja Kumar Son of Sanjay Kumar @ Sanjay
                 Yadav Resident of village - Bancholha, Ward No. 12, P.S.- Madhepura
                 (Ghailadh), District - Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Dr Sanjay Kumar Singh
                 For the Opposite Party/s :         Mr.Rabindra Kumar- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) and 32(iii) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 05 litres of codeine cough syrup from a

                   motorcycle.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and is not the owner of

                   the seized motorcycle and he came to be implicated based on
               Patna High Court CR. MISC. No.30954 of 2026(2) dt.07-05-2026
                                                           2/2




                         confessional statement of Aadarsh in police custody, which does

                         not have any evidentiary value.

                                      5. Learned A.P.P. Sri Rabindra Kumar vehemently

                         opposes the anticipatory bail application and submits that

                         allegation is of recovery of codeine. It is next submitted that

                         codeine off late in the State of Bihar has become a menace as

                         young children are using codeine for the purposes of

                         intoxication. It is also submitted that investigation and

                         interrogation of the accused in the case is required.

                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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