Patna High Court
Bhushan Kumar @ BhusiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the bail application, granting bail with conditions.
Summary
The petitioner, Bhushan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after police recovered five litres of codeine‑containing cough syrup from his father’s residence. He contended that he was falsely implicated, that the seized material was not in his possession, and that his continued custody since 19‑04‑2025 was unjustified. The prosecution opposed bail, arguing the seriousness of the offence. The court, after considering the facts and the petitioner’s criminal antecedents, granted bail on a bond of Rs. 10,000 with two sureties, subject to several conditions including regular court attendance and reporting to the Superintendent of Police. The order emphasized that the bail conditions do not affect the trial and that any violation could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s lack of direct possession of the seized narcotic material warrants bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Subjects
- bail
- prohibition act
- codeine
- narcotics
- criminal antecedent
- court attendance
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37807 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- MANSI District- Khagaria
======================================================
Bhushan Kumar @ Bhusiya, S/o Ram Pravesh Yadav, R/o Village- Dhamhara,
Ward No. 9, P.S.- Mansi, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
6 06-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Mansi P.S. Case No. 45 of 2025 registered for
the offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, the informant, on
secret information, raided the Basa of one Ram Pravesh Yadav
and recovered five liters of cough syrup, containing codeine,
which use to be sold by the petitioner.
4. The learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case and
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the seized materials were recovered from the Basa of Ram
Pravesh Yadav, who happens to be the father of the petitioner. It
has been submitted that the petitioner has been implicated in this
case only because he carries four criminal cases against him. It
has further been submitted that nothing has been recovered from
the conscious possession of the petitioner. It has lastly been
submitted that the petitioner is in custody since 19.04.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case, let the petitioner, above-named, be released on bail
on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Mansi P.S. Case No. 45 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
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involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent
of Police, Khagaria within fifteen (15) days of his release
with a copy of this order and every two weeks thereafter
for the next nine months. The conduct of the petitioner
will be kept under watch in this period by the concerned
Superintendent of Police and if it is found wanting in any
respect, a report shall be made to the Court concerned by
him to initiate a proceeding for cancellation of bail of the
petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by
the petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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