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Patna High Court

Purushottam KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court declined to grant anticipatory bail to the petitioner.

Summary

The petitioner, Purushottam Kumar, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of five litres of codeine cough syrup. He argued that he was not arrested on the spot, no contraband was found in his possession, and the informant’s identity was undisclosed in the FIR. The State opposed the bail, contending that the offence involved possession of codeine, which also falls under the NDPS Act, and that the case was properly instituted under the Excise Act. The court examined the submissions and found no sufficient ground to extend anticipatory bail. Consequently, the court rejected the petitioner’s anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the alleged recovery of codeine cough syrup justifies denial of anticipatory bail.

Subjects

  • anticipatory bail
  • prohibition law
  • excise law
  • codeine
  • NDPS Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65760 of 2025
                     Arising Out of PS. Case No.-98 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Purushottam Kumar S/o Late Vijay Bhagat R/o Ward no. 01, Saur Bazar, P.S.-
                 Saur Bazar, Distt. - Saharsa, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh
                 For the Opposite Party/s :       Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Saur Bazar P.S. Case No.98/2025, registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 5 litres of Codeine cough syrup. 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 at the instance of local person but then the name of

                   person who disclosed the name of the petitioner is not disclosed

                   in the FIR.
             Patna High Court CR. MISC. No.65760 of 2025(3) dt.19-01-2026
                                                         2/2




                                    4. Learned A.P.P. for the State vehemently opposes the

                       prayer for anticipatory bail of the petitioner and submits that

                       allegation is of recovery of Codeine cough syrup from the house

                       of the petitioner. It is also submitted that Codeine comes under

                       the NDPS Act also but then it appears that inadvertently the case

                       has been instituted under the Excise Act.

                                    5. Considering the submissions made by the learned

                       APP, the Court is not inclined to extend the privilege of

                       anticipatory bail to the petitioner.

                                    6. The anticipatory bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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