Patna High Court
Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Satyam Kumar, was arrested in connection with the alleged transport of 10 litres of cough syrup in a Baleno car and 435 litres in a pick‑up van, offences punishable under sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He contended that he had no possession of the seized material and that his co‑accused, Vipul Kumar, had already been released on bail in similar circumstances. The petitioner had been in judicial custody since 8 July 2025. The State opposed the bail application, arguing the seriousness of the contraband seizure. After hearing both sides, the court found the petitioner’s claim of innocence credible and, noting the bail granted to the co‑accused, ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seizure of large quantities of cough syrup under the Bihar Prohibition and Excise Act.
- Whether the bail granted to co‑accused Vipul Kumar is determinative for the petitioner’s bail application.
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- contraband
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67402 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- BANGAWON District- Saharsa
======================================================
Satyam Kumar S/O Late Vipin Yadav R/O Village- Baijnathpatti, Ward No.-
04, P.S- Saharsa Sadar, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
Mr. Vaibhav Vishal, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a) and 41
of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a Baleno car,
altogether 10 liters of wiscof cough syrup was recovered in
which, this petitioner along with one Vipul Kumar was there.
Further case of the prosecution is that from a pick-up van,
altogether 435 liters of cough syrup was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from his physical possession and he was in Baleno Car
Patna High Court CR. MISC. No.67402 of 2025(5) dt.05-02-2026
2/2
along with Vipul Kumar. The driver of that pick-up from where,
435 liters of cough syrup was recovered, has already been granted
bail by this Court vide order dated 22.09.2025 passed in Cr. Misc.
No. 63116 of 2025. It has further been submitted that Vipul has
also been granted bail this Court vide order dated 09.01.2026
passed in Cr. Misc. No. 69952 of 2025. The case of this petitioner
stands on similar footing than that of Vipul Kumar. Moreover, the
petitioner is languishing in judicial custody since 08.07.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bangaon P.S. Case No. 107 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Judge-II, Saharsa.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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