Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of direct evidence linking the petitioner to the seized codeine syrup and given his clean antecedent, bail was granted subject to conditions.
Summary
Aman Kumar was arrested on 5 May 2026 in connection with a case involving the seizure of 3,149 bottles of codeine cough syrup, alleged to be contravening Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner, who has no prior criminal record, argued that the seized items were recovered from the crime scene and not from his possession, and that the only link to him was the testimony of a co‑accused who claimed to have brought the syrup from Gujarat. The State opposed bail, contending the seriousness of the offence. The court noted the lack of direct evidence against the petitioner, the non‑compliance with mandatory provisions of Sections 103 and 105 of the BNSS, 2023, and the petitioner’s clean antecedent, and therefore ordered his release on bail with a bond of Rs.10,000 and specific conditions. The bail order includes requirements for cooperation with the trial, appearance in court, and provisions for cancellation if evidence is tampered with or antecedents are concealed.
Issues considered
- Whether bail should be granted to the petitioner under the provisions applicable to offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the investigation complied with the mandatory provisions of Sections 103 and 105 of the BNSS, 2023.
- Whether the co‑accused’s disclosure alone is sufficient to justify continued detention of the petitioner.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- codeine cough syrup
- drug trafficking
- Bihar Prohibition and Excise Act
- clean antecedent
- co‑accused testimony
- investigation compliance
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42792 of 2026
Arising Out of PS. Case No.-505 Year-2026 Thana- KATIHAR NAGAR District- Katihar
======================================================
Aman Kumar Son of Hemant Kumar @ Heman Kumar Himanshu Resident of
Village- Radhe Mahadev (Radhe Madhe), P.S.- Amdabad, District- Katihar,
presently resided at Mohalla Barmasiya, P.S.- Sahayak, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr.Bimal Kumar, learned counsel for the
petitioner and Mr.Sanjay Kumar Pandey, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
05.05.2026 in connection with Katihar Town P.S. Case No.
505/2026, F.I.R. dated 04.05.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Recovery is of 3149 bottles of Codeine cough
syrup each of 100 ml.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. From a bare
Patna High Court CR. MISC. No.42792 of 2026(2) dt.06-07-2026
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perusal of the FIR it appears that nothing has been recovered
from conscious possession or the house of the petitioner and
altogether 3149 bottles of Codeine cough syrup each of 100
ml. was recovered from the place of occurrence. The name of
the petitioner has been transpired during investigation on the
basis of the disclosure made by the apprehended co-accused
person, namely, Rajeev Ranjan Kishor and said co-accused
person, namely, Rajeev Ranjan Kishor disclosed that and he
has brought the said cough syrup from Gujrat through currier
company. Learned counsel for the petitioner submits that
except the disclosure made by the apprehended co-accused
person, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and there is non-compliance of the
mandatory provisions of Sections 103/105 of BNSS, 2023 and
the seizure list witnesses are police personnel and the
petitioner is in custody since 05.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has
clean antecedent and except the disclosure made by the
apprehended co-accused person, nothing has come during
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investigation against the petitioner to suggest the involvement
of the petitioner in the present occurrence, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No.II, Katihar in connection with Katihar Town
P.S. Case No. 505/2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
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