Patna High Court
Law Kumar @ Love Kumar @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Excise Act — s. 30(a), 32(iii)
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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