Patna High Court
Mantosh Kumar @ Mantosh Kumar SinghversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court rejected the second anticipatory bail application, refusing to grant anticipatory bail to the petitioner.
Summary
Mantosh Kumar, the owner of a vehicle from which 3520 liters of codeine were allegedly recovered, applied for anticipatory bail before the Patna High Court. His first anticipatory bail application (Criminal Miscellaneous No. 29554 of 2024) was withdrawn on 22 August 2024. He subsequently filed a second anticipatory bail petition (Criminal Miscellaneous No. 79200 of 2025) through a different counsel. The State argued that the change of counsel indicated the petitioner was taking chances and highlighted that the FIR was lodged under the Excise Act despite codeine being a narcotic governed by the NDPS Act. After hearing both sides, the Court declined to entertain the second anticipatory bail request and rejected the application.
Issues considered
- Whether the petitioner is entitled to a second anticipatory bail after withdrawing the first application
- Whether the FIR filed under the Excise Act, when the contraband is a narcotic, affects the grant of anticipatory bail
- Whether the change of counsel reflects on the petitioner's conduct warranting denial of bail
Legislation cited
Subjects
- anticipatory bail
- codeine
- Excise Act
- NDPS Act
- change of counsel
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79200 of 2025
Arising Out of PS. Case No.-465 Year-2023 Thana- EXCISE NAUGACHIA District-
Bhagalpur
======================================================
Mantosh Kumar @ Mantosh Kumar Singh S/O Late Mahendra Singh R/O
Sangram Chowk, Kumahar Toli, P.S.- Ranchi, District- Ranchi (Jharkand)
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachina, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-02-2026 1. Heard learned counsel for the petitioner, Mr.
Sachina and the learned APP for the State, Mr. Chandra
Bhushan Prasad.
2. The learned counsel for the petitioner submits that
earlier petitioner had moved this Court seeking anticipatory bail
by filing Criminal Miscellaneous No. 29554 of 2024 and the
same was permitted to be withdrawn by an order dated
22.08.2024.
3. This is the second attempt of the petitioner to seek
anticipatory bail. It is further submitted that allegation is of
recovery of 3520 liters of codeine from the vehicle of the
petitioner, but then petitioner was not arrested from the spot and
he came to be implicated based on the fact that he is owner of
Patna High Court CR. MISC. No.79200 of 2025(3) dt.05-02-2026
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the seized vehicle.
4. The learned APP for the State, Mr. Chandra
Bhushan Prasad, submits that from perusal of the order dated
22.08.2024 in Criminal Miscellaneous No. 29554 of 2024, it
would manifest that the same records- The learned counsel for
the petitioner after arguing vehemently for some time, realizing
his difficulty, seeks permission to withdraw the anticipatory bail
application of the petitioner.
5. The learned APP for the State next submits that the
learned lawyer who had argued Criminal Miscellaneous No.
29554 of 2024 was Diwakar Upadhyay, but then the second
anticipatory bail application has been by filed by another
learned lawyer namely Sachina. It is next submitted that it
absolutely does not stand to reason that if the petitioner had to
move this Court seeking second anticipatory bail then why the
lawyer was changed, which amply demonstrates the conduct of
the petitioner that he is taking chances.
6. The learned APP for the State also submits that
from perusal of the FIR, it would manifest that the case has been
instituted under the excise act when codeine is a narcotic
substance.
7. After hearing the learned counsel for the parties,
Patna High Court CR. MISC. No.79200 of 2025(3) dt.05-02-2026
3/3
the Court is not inclined to entertain the second anticipatory bail
application of the petitioner, accordingly, the same is rejected.
8. Let a copy of this order be sent to the
Superintendent of Police, Bhagalpur, as it has been submitted by
the learned APP for the State that codeine is a narcotic substance
and falls under NDPS Act, but then the instant FIR has been
instituted under the excise act.
(Satyavrat Verma, J)
Rishabh/-
U T
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