Patna High Court
Bhavesh PaswanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The application for regular bail was dismissed as withdrawn.
Summary
The petitioner, Bhavesh Paswan, applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 71 litres of codeine cough syrup were recovered from a cart parked outside his house. He argued that the seizure was not from his conscious possession and that the substance may have been concealed by a hostile party. The State opposed bail, highlighting the recent menace of codeine abuse and the petitioner’s three prior excise cases, contending he might abscond. The petitioner’s counsel sought permission to withdraw the bail application and to re‑file after charge framing. The court granted permission to withdraw the application. Consequently, the bail application was dismissed as withdrawn.
Issues considered
- Whether regular bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given his antecedent cases
- Whether the petitioner’s alleged lack of conscious possession of the seized codeine syrup affects bail eligibility
Legislation cited
Subjects
- bail
- excise law
- codeine
- antecedent cases
- regular bail
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34947 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Bhavesh Paswan S/o Late Mole Paswan R/o Village- Pastwar, Ward No.-01,
P.S.- Mahishi, District-Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
is in custody since 11.03.2026 and allegation is of recovery of
71 litres of Codeine Cough Syrup from a cart parked in the
dallan of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and the dallan is a
place outside the house and it appears that someone inimical to
the family concealed the Codeine Cough Syrup.
Patna High Court CR. MISC. No.34947 of 2026(2) dt.03-07-2026
2/2
5. Mr. Chandra Bhushan Prasad, learned A.P.P. for the
State opposes the prayer for regular bail of the petitioner and
submits that codeine off late has become a menace. It is next
submitted that if the privilege of regular bail is granted to the
petitioner, the petitioner may abscond as he has antecedent of
three cases.
6. At this stage, learned counsel for the petitioner
seeks permission to withdraw this application with liberty to the
petitioner to renew his prayer for bail after framing of charge.
7. Permission is accorded.
8. Accordingly, this application is dismissed as
withdrawn.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.