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Patna High Court

Vicky Kumar Sinha @ Vicky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Vicky Kumar Sinha, a co‑driver, was arrested in connection with a seizure of 2,000 bottles of codeine syrup under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had no knowledge of the contraband, had a clean record, and that the co‑accused had already been granted bail. The petitioner offered a bail bond of Rs. 10,000 with two sureties and was willing to deposit Rs. 2,500 with the Advocate Association. The State opposed bail, but the court considered the length of custody, the petitioner’s alleged innocence, and the precedent of bail to the co‑accused. The court granted bail subject to conditions including surety, personal appearance, and possible cancellation for future offences. The bail bond is to be accepted by the trial court upon deposit of the stipulated amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.

Subjects

  • bail
  • prohibition law
  • codeine syrup
  • drug trafficking
  • criminal procedure
  • surety
  • antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64071 of 2025
                    Arising Out of PS. Case No.-503 Year-2025 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Vicky Kumar Sinha @ Vicky Kumar Son of Nawal Prasad Sinha Resident at
                 Bichali Gali Dalhatta, Ward No. 04, P.O. and P.S. - Basudeopur, District -
                 Munger, Bihar - 811201.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar, Adv.
                                                 Mr.Roushan Kumar, Adv.
                 For the Opposite Party/s :      Mr.Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   07-01-2026                      Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. Petitioner, who is in custody, seeks bail in

                   connection with Patna Shastri Nagar P.S. Case No. 503 of 2025

                   registered for the offence(s) punishable under Section(s) 30(a)

                   of the Bihar Prohibition and Excise Act.

                                 3. As per the prosecution case, the police intercepted

                   the Scopio vehicle, total 2000 pieces of Codeine Syrup was

                   recovered.

                                 4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. It is further submitted that the petitioner is the co-driver of

                   the said vehicle and he has no concern with the consignment
Patna High Court CR. MISC. No.64071 of 2025(5) dt.07-01-2026
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          loaded in the said vehicle. It has further been submitted that no

          recovery has been made from the conscious possession of the

          petitioner. The co-accused person namely, Pankaj Kumar has

          already been granted bail by the Coordinate Bench of this Court

          vide 22.09.2025 passed in Cr. Misc. No. 61420/2025. It has

          lastly been submitted that the petitioner has clean antecedent

          and he is in custody since 20.07.2025.

                       5. The petitioner is willing and undertakes to deposit a

          sum of Rs. 2,500/ with the Advocate Association, Patna High

          Court.

                       6. The learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       7. Regard being had to the facts and circumstances of

          the case and taking note of the fact that the petitioner has

          remained in custody since 20.07.2025, 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 the learned court below where the

          case is pending/successor court in connection Shastri Nagar P.S.

          Case No. 503 of 2025, subject to the following terms and

          conditions :-

                       (i) One of the bailors shall be a close relative of the
Patna High Court CR. MISC. No.64071 of 2025(5) dt.07-01-2026
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          petitioner.

                        (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 on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will liable to be cancelled by the Court concerned.

                        (iv) If the petitioner, in future, is found to be involved

          in similar nature of offence(s), the prosecution shall be at liberty

          to move for cancellation of his bail bond.

                        (v) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. 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.

                        8. The bail bond of the petitioner shall be accepted by

          the learned Trial Court on showing receipt of deposit of

          aforesaid amount with the Advocate Association, Patna High

          Court.

                        9. Accordingly, the prayer for bail is allowed.
           Patna High Court CR. MISC. No.64071 of 2025(5) dt.07-01-2026
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                                  10. It is made clear that the observation, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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