Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15746 of 2026 Arising Out of PS. Case No.-290 Year-2025 Thana- Excise P.S. District- Saharsa ====================================================== Basant Kumar Son of Sri Lal Yadav Resident of Village Mankhahi Ward No.- 08, Police Station - Bihra, District - Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Saharsa Excise P.S. Case No. 290 of 2025 lodged on 31.07.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, total recovery of 53.600 litres of prohibited codeine syrup has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the father of the petitioner is the main accused in

Patna High Court CR. MISC. No.15746 of 2026(2) dt.25-03-2026 2/3 this case and he was arrested by the police and also named in the FIR. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery has been made from the courtyard which itself is commonly used by the family. Counsel further submits that the petitioner has clean antecedent and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Judge (Excise) I, Saharsa, in connection with Saharsa Excise P.S. Case No. 290 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

7. The Trial Court is directed to verify the criminal antecedent(s) of the petitioner, and in case, it is found at any stage that the petitioner has concealed the fact about his criminal antecedent(s), the Trial Court shall take steps for cancellation of

Patna High Court CR. MISC. No.15746 of 2026(2) dt.25-03-2026 3/3 bail bond of the petitioner. However, the acceptance of the bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J) Divyansh/- U T