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Patna High Court

Mritunjay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied regular bail to the petitioner.

Summary

Mritunjay Kumar was arrested in connection with the recovery of 225 litres of cough syrup and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence and arguing that the NDPS Act had not been invoked. The State opposed, stating that the NDPS provisions have now been added to the FIR, making the offence more serious. The Court noted that a co‑accused had been granted bail when the NDPS provisions were absent, but held that the large quantity seized warranted denial of regular bail. Consequently, the bail application was rejected and the Special (Excise) Judge was directed to add the NDPS provisions to the FIR and reconsider the earlier bail order.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving large seizure of cough syrup under the Bihar Prohibition and Excise Act.
  • Whether the addition of NDPS Act provisions to the FIR affects the grant of bail.

Legislation cited

Subjects

  • regular bail
  • bail denial
  • prohibition and excise
  • NDPS Act
  • cough syrup seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85905 of 2025
                     Arising Out of PS. Case No.-295 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Mritunjay Kumar Son of Pulendra Yadav Resident of Village- Rauta Khem,
                 Ward No. 14, P.S.- Sour Bazar, Dist.- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Sinha
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   11-02-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sour Bazar P.S. Case No. 295 of 2025 registered for the offence

                   under Sections 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution case, there is recovery of

                   225 Liters (2250 Bottles) of cough syrup from the possession of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 25.08.2025. He further submits

                   that the provisions of NDPS Act have not been added in the case

                   for the recovery of 225 liters of cough syrup.
Patna High Court CR. MISC. No.85905 of 2025(4) dt.11-02-2026
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                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail and has submitted that the provisions

          of N.D.P.S. Act have not been added by the Police for the

          recovery of 225 liters of cough syrup and now the petitioner is

          also facing the prosecution under the NDPS Act for the

          aforesaid recovery.

                       6. In the course of hearing, the learned counsel for the

          petitioner has produced an order of the Exclusive Special

          (Excise) Judge-II, Saharsa dated 16.10.2025 by which one of

          the co-accused Abhinav Anand @ Ranjan Yadav has been

          granted bail by the Special Judge.

                       7. The bail was granted to the co-accused Abhinav

          Anand @ Ranjan Yadav when the provisions of the NDPS Act

          were not added to the case.

                       8. Considering the huge recovery of cough syrup from

          the possession of the petitioner, this Court is not inclined to

          grant regular bail to the petitioner.

                       9. Accordingly, this application for regular bail stands

          rejected.

                       10. The Exclusive Special (Excise) Judge-II, Saharsa

          is directed to consider the addition of the provisions of the

          NDPS Act in the FIR and will transfer the case to the Special
            Patna High Court CR. MISC. No.85905 of 2025(4) dt.11-02-2026
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                      Judge, NDPS Act. He can also review his earlier bail order

                      dated 16.10.2025 in accordance with law as now the provisions

                      of the NDPS Act have been added in the FIR.

                                   11. The certified copy of the order dated 16.10.2025 is

                      taken on record.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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