Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond with sureties.
Summary
The petitioner, Brajesh Kumar, was charged under Section 30(a) of the Bihar Excise and Prohibition Act and several sections of the Bihar Narcotic Substances Act for alleged possession of four bottles of Corex cough syrup recovered from a car. The petitioner contended that he had no possession of the car or the seized items and that the charges were filed to malign him, noting a single prior criminal case and his custody since 27‑03‑2026. The State opposed regular bail, arguing the seriousness of the offences. The Court, after considering the facts and the petitioner’s claim of non‑possession, decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties to the Special Excise Court‑II, Katihar. The order released the petitioner on bail pending further trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of narcotic substances under the Bihar Excise and Prohibition Act and the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
- Whether the prosecution’s evidence of recovery of Corex cough syrup from the car is sufficient to deny bail.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 140(3), 308(6), 318(1), 3(5), 62
Subjects
- regular bail
- excise law
- narcotic substances
- criminal procedure
- bail bond
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32275 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- FALKA District- Katihar
======================================================
Brajesh Kumar S/o Tapeshwari Yadav R/o Dira Chandpur @ Diyara
Chandpur, P.S.- Falka, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State through Video Conferencing.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of
Bihar Excise and Prohibition Act and Sections 308(6), 140(3),
62, 318(1), 3(5) of the BNS.
3. The case of the prosecution in brief is that, four
bottle of Corex cough syrup was recovered from the car.
4. Learned counsel for the petitioner submits that
nothing has been recovered from possession of the petitioner
since petitioner is not concerned in anyway with the car.
Petitioner has been framed in this case only with a view to
malign. He is having a criminal antecedent of one case. He is in
custody since 27.03.2026.
Patna High Court CR. MISC. No.32275 of 2026(2) dt.20-05-2026
2/2
5. Learned APP appearing for the State has
vehemently opposed the prayer of the regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. The above-named petitioner is directed to be released on
bail in connection with Falka P.S. Case No. 180 of 2025 on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Court of Exclusive Special Excise Court-II, Katihar.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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