Patna High Court
Amrit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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