Patna High CourtCR. MISC./37807/2025bail granted

Bhushan Kumar @ Bhusiya v. The State Of Bihar

2026-01-06Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37807 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- MANSI District- Khagaria ====================================================== Bhushan Kumar @ Bhusiya, S/o Ram Pravesh Yadav, R/o Village- Dhamhara, Ward No. 9, P.S.- Mansi, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, Addl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.

2. The petitioner, who is in custody, seeks bail in connection with Mansi P.S. Case No. 45 of 2025 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, the informant, on secret information, raided the Basa of one Ram Pravesh Yadav and recovered five liters of cough syrup, containing codeine, which use to be sold by the petitioner.

4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and

Patna High Court CR. MISC. No.37807 of 2025(6) dt.06-01-2026 2/3 the seized materials were recovered from the Basa of Ram Pravesh Yadav, who happens to be the father of the petitioner. It has been submitted that the petitioner has been implicated in this case only because he carries four criminal cases against him. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has lastly been submitted that the petitioner is in custody since 19.04.2025.

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, let the petitioner, above-named, be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) 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 Mansi P.S. Case No. 45 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident. (ii) The petitioner 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 petitioner will be liable to be cancelled by the concerned Court.

(iv) If the petitioner, in future, is found to be

Patna High Court CR. MISC. No.37807 of 2025(6) dt.06-01-2026 3/3 involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his 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. (vi) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Khagaria within fifteen (15) days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the concerned Superintendent of Police and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail of the petitioner for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.

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