Patna High Court
Vicky Kumar Sinha @ Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
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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
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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.
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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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