Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The court permitted the petitioner to withdraw his bail application and dismissed it as withdrawn, allowing a fresh application after charge framing.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 The court granted permission to withdraw, dismissed the bail application as withdrawn, and allowed the petitioner to renew his bail plea later.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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
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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