Patna High Court

Kanhaiya Kumar SinghversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

The petitioner, Kanhaiya Kumar Singh, was alleged to be operating a shop without a valid license and selling sub‑standard and counterfeit medicines. A raid based on secret information recovered a large quantity of such medicines, and the petitioner was charged under Sections 18(a)(i), 15A, 27(c) and 28 of the Drugs and Cosmetics Act. He also has five prior criminal antecedents of a similar nature. The petitioner filed an anticipatory bail application to avoid arrest in C.R.C.(O) No.15 of 2023. The Court examined the seriousness of the offences, the volume of the recovery, and the petitioner’s criminal history. Considering these factors, the Court refused the anticipatory bail, effectively dismissing the petition.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged offences under the Drugs and Cosmetics Act, the nature of the recovery, and his prior criminal antecedents.

Legislation cited

Drugs and Cosmetics Act — s. 15A, 18(a)(i), 27(c), 28

Subjects

anticipatory bail
Drugs and Cosmetics Act
counterfeit medicines
sub‑standard drugs
criminal antecedent
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85242 of 2025
                   Arising Out of PS. Case No.-15 Year-2023 Thana- MADHUBANI COMPLAINT CASE
                                                   District- Madhubani
                 ======================================================
                 Kanhaiya Kumar Singh Son of Late Prahlad Singh Village -Pipraun PS
                 -Harlakhi Distt -Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms. Kusum Rani, Advocate
                 For the Opposite Party/s :    Mr. Prem Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                   Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in C.R.C(O) No.15 of
                   2023 registered for the offences punishable under Sections 18(a)
                   (i), 15A, 27(c), 28 of the Drugs and Cosmetics Act.
                                3. On secret information, a raid was conducted and
                   huge quantity of sub-standard and counterfeit medicines were
                   recovered from the shop of this petitioner. It is further alleged
                   that petitioner was running the shop in question without valid
                   license and has got five criminal antecedent of similar nature.
                                4. Considering the recovery, nature of accusation and
                   criminal antecedents, prayer for anticipatory bail of the
                   petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

Continue reading with your account

Checking your session…