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Patna High Court

Fulo DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

The petitioners, four individuals from Lakhisarai district, were arrested after police intercepted them and recovered 50 litres of codeine cough syrup from an open road. They contended that they were falsely implicated, that the contraband was not in their conscious possession, and that they have no prior criminal record, having been in custody since 25‑08‑2025. The prosecution opposed bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined the circumstances, noting the prolonged pre‑trial detention and the lack of evidence of personal possession, and decided to grant bail. Bail was conditioned on a Rs 10,000 bond with two sureties, personal appearance at each trial date, and provisions for cancellation upon breach or future similar offences. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioners are entitled to bail despite the recovery of 50 litres of codeine cough syrup.
  • Whether the contraband recovered from an open road establishes conscious possession by the accused.
  • Whether the petitioners' lack of criminal antecedent and prolonged pre‑trial custody warrant bail.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • codeine cough syrup
  • false implication
  • criminal antecedent
  • pre‑trial detention
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71109 of 2025

                   Arising Out of PS. Case No.-416 Year-2025 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
           1.    Fulo Devi, W/o- Pintu Sahni, R/o Village- Banshipur Bindtoli, PS- Medni
                 Chowki, Dist- Lakhisarai.
           2.    Gudiya Devi, W/o- Harinandan Mahto, R/o Village- Khaba Rajpur Cheri
                 Tola, PS- Medni Chowki, Dist- Lakhisarai.
           3.    Jugeshwar Mahto, S/o- Bishundev Mahto, R/o Village- Khaba Rajpur Cheri
                 Tola, PS- Medni Chowki, Dist- Lakhisarai.
           4.    Uma Devi, W/o- Jugeshwar Mahto, R/o Village- Khaba Rajpur Cheri Tola,
                 PS- Medni Chowki, Dist- Lakhisarai.


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


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabi Bhushan, Adv.
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, Addl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


5   06-01-2026                      Heard the learned counsel for the petitioners and

                   the learned Addl. Public Prosecutor for the State.

                                    2. The petitioners, who are in custody, seek bail in

                   connection with Lakhisarai P.S. Case No. 416 of 2025 registered

                   for the offence(s) punishable under Section(s) 30(a) of the Bihar

                   Prohibition and Excise Act.
Patna High Court CR. MISC. No.71109 of 2025(5) dt.06-01-2026
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                          3. As per the prosecution case, the named accused

          persons including the petitioners were intercepted and when

          they try to flee, they were apprehended and on search, 50 liters

          of codeine cough syrup was recovered.

                          4. The learned counsel for the petitioners submit

          that the petitioners have falsely been implicated in this case and

          nothing has been recovered from their conscious possession. It

          has been submitted that the recovery is said to have been made

          from the road which is an open space.                  It has lastly been

          submitted that the petitioners carry no criminal antecedent and

          they are in custody since 25.08.2025.

                          5. The learned Addl. Public Prosecutor for the State

          has vehemently opposed the prayer for bail.

                          6. Regard being had to the facts and circumstances

          of the case and taking note of the fact that the petitioners have

          remained in custody since 25.08.2025, let the petitioners, above-

          named, be released on bail on their furnishing bail bond of Rs.

          10,000/- (Ten Thousand) each 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 with

          Lakhisarai P.S. Case No. 416 of 2025, subject to the following

          conditions:-

                                 (i) One of the bailors of the petitioners shall be their
            Patna High Court CR. MISC. No.71109 of 2025(5) dt.06-01-2026
                                                        3/3




                                        close relative and the other shall be a local resident.
                                             (ii) The petitioners 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 for two consecutive occasions
                                        or in violation of the terms of the bail, the bail bond of the
                                        petitioners will be liable to be cancelled by the concerned
                                        Court.
                                             (iv) If the petitioners, in future, are found to be
                                        involved in similar nature of offence(s), the prosecution
                                        shall be at liberty to move for cancellation of their bail
                                        bond.
                                             (v) The concerned Court shall verify the criminal
                                        antecedent of the petitioner and in case, at any stage, it is
                                        found that they have concealed their criminal antecedents,
                                        the Court concerned shall take necessary steps for
                                        cancellation of their bail bond. 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.


                                   7. It is made clear that the observations, if any, made

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

                                   8. The application stands allowed.



                                                 (Sourendra Pandey, J)
Praveen-II/-

U       T


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