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Patna High Court

Anurag Kumar @ Aman Kumar @ Anurag Kumar Aman @ AmanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

The petitioner, Anurag Kumar, was arrested in connection with a case (PS Case No. 196/2026) for allegedly possessing 237 litres of codeine cough syrup, an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He applied for regular bail, claiming he was falsely implicated and that no incriminating articles were found in his possession. The State, represented by the Additional Public Prosecutor, opposed the bail. The Court considered the magnitude of the seizure and the seriousness of the offence. Despite the petitioner's assertions of innocence and willingness to cooperate, the Court was not persuaded to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving a large seizure of codeine cough syrup under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the absence of incriminating articles in the petitioner's possession and his claim of false implication justify the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • codeine
  • excise
  • criminal procedure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43689 of 2026
                 Arising Out of PS. Case No.-196 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Anurag Kumar @ Aman Kumar @ Anurag Kumar Aman @ Aman Son of
                 Satendra Kumar Jha Resident of Village- Sarvodaya Nagar, ward no. 40, P.S.-
                 Town, District- Begusarai

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Krishna Pd. Singh, Sr. Advocate
                                                 Mr.Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :      Mr.Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                          Heard Mr. Krishna Pd. Singh, learned Senior

                   Counsel for the petitioner and learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioner seeks bail in connection with Town

                   P.S. Case No. 196/2026 registered for the offences punishable

                   under Section 30(a) of Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                 3. As per the prosecution case, 237 litres of Codine

                   cough syrup (ONEREX) from a house.

                                 4. Learned Senior Counsel for the petitioner submits

                   that petitioner has falsely been implicated in the case. No

                   incriminating articles has been recovered from his possession.

                   Learned Senior Counsel further submits that he has no criminal
              Patna High Court CR. MISC. No.43689 of 2026(2) dt.06-07-2026
                                                          2/2




                        antecedent and he is in custody since 23.04.2026. The petitioner

                        undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the huge recovery, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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