Created by Fuzzy Cloud

Patna High Court

Bhushan Kumar @ BhusiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.37807 of 2025(6) dt.06-01-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.37807 of 2025(6) dt.06-01-2026
                                                        3/3




                                        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


Continue reading with your account

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

Sign in to read

Checking your session…

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