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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court permitted the petitioner to withdraw his bail application and dismissed it as withdrawn, allowing a fresh application after charge framing.

Summary

The petitioner, Dilkhush Kumar, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging involvement in the recovery of 19.8 litres of codeine cough syrup from a grocery shop. He argued that he has a clean record, was not arrested at the scene, and that the only evidence against him was a confessional statement by another accused, Bihari Kumar, made while in police custody, which he claimed lacks evidentiary value. The State opposed bail, highlighting the growing menace of codeine misuse among youth in Bihar. The petitioner sought permission to withdraw his regular bail application and to re‑file after the charge is framed. The court granted permission to withdraw, dismissed the bail application as withdrawn, and allowed the petitioner to renew his bail plea later.

Issues considered

  • Whether bail should be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the circumstances of the case.
  • Whether a confessional statement of a co‑accused made in police custody can be a basis to deny bail.
  • Whether the alleged menace of codeine cough syrup use justifies denial of bail.

Legislation cited

Subjects

  • bail
  • codeine cough syrup
  • Bihar Prohibition and Excise Act
  • confessional statement
  • drug menace

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43980 of 2026
                      Arising Out of PS. Case No.-359 Year-2025 Thana- UDAKISHUNGANJ District-
                                                       Madhepura
                 ======================================================
                 Dilkhush Kumar Son of Saken Yadav Resident of Village- Tuniyahi, Ward
                 No. -4, P.S.- Madhepura, District- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Pooja Prasad
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari
                 ======================================================
                 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

                   offences punishable under Section 30(a) of Bihar Prohibition

                   and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 06.06.2026 and allegation is of recovery of 19.8 litres of

                   codeine cough syrup from grocery shop of Bihari Kumar. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   he came to be implicated based on confessional statement of

                   Bihari Kumar in police custody which does not have any
             Patna High Court CR. MISC. No.43980 of 2026(2) dt.03-07-2026
                                                         2/2




                       evidentiary value.

                                    4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner and submits that of late codeine cough syrup has

                       become menace in the State of Bihar as young boys of

                       impressionable age are using codeine for intoxication.

                                    5. At this stage, learned counsel for the petitioner

                       seeks permission to withdraw the regular bail application with

                       liberty to renew his prayer for bail after framing of charge.

                                    6. Permission is accorded.

                                    7. The regular bail application of the petitioner is

                       dismissed as withdrawn with liberty aforesaid.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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