Created by Fuzzy Cloud

Patna High Court

Amrit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.

Summary

Amrit Kumar applied for anticipatory bail fearing arrest in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 208 bottles of cough syrup containing codeine were seized. The prosecution alleged that the petitioner, a co-accused, escaped after the seizure, but no incriminating article was found on him and he was not arrested at the scene. The petitioner asserted he had no criminal antecedent, no link to the seized syrup or the motorcycle involved, and pledged cooperation with the investigation. The State opposed the bail. Considering the lack of arrest, absence of any seized material from the petitioner, and his clean record, the court ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions set by the Special Excise Judge.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioner’s lack of arrest, absence of seized articles, and clean antecedent justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • codeine
  • drug seizure
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31336 of 2026
                       Arising Out of PS. Case No.-511 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Amrit Kumar S/o Anirudh Yadav @ Anarudwa Yadav Resident Of Village-
                 Hadhwan, Ps- Alauli, Dist- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jai Kishor Poddar, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   13-05-2026                   1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Alauli P.S. Case no. 511 of 2025 registered under section

                   30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, it is stated that while

                   Abhishek Kumar was caught, 208 bottles of 100 ml each of

                   cough syrup containing hydrochloride and codeine phosphate,

                   measuring a total of 20.8 litres was recovered, another co-

                   accused who was identified subsequently as the petitioner herein

                   managed to escape.

                                4. Learned counsel for the petitioner submits that

                   neither the petitioner was arrested at the spot nor any

                   incriminating article recovered from his possession. The
           Patna High Court CR. MISC. No.31336 of 2026(2) dt.13-05-2026
                                                       2/2




                     petitioner has no criminal antecedent and undertakes to

                     cooperate in the investigation/trial. The petitioner has no

                     concern either with the seized cough syrup nor with the

                     motorcycle.

                                  5. The application for anticipatory bail is opposed by

                     learned A.P.P. for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the F.I.R., the petitioner not having been arrested at the spot, his

                     not having any concern with the motorcycle in question and

                     specially the petitioner not having any antecedent under the

                     Bihar Prohibition and Excise Act, 2016, it is directed that the

                     petitioner above named, in the event of his arrest or surrender

                     before the learned Court below within a period of four weeks,

                     be released on anticipatory bail in connection with Alauli P.S.

                     Case no. 511 of 2025 on furnishing bail bond of Rs.10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Exclusive Special Excise

                     Judge-I, Khagaria.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.