Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51455 of 2026 Arising Out of PS. Case No.-490 Year-2026 Thana- MADHEPURA District- Madhepura ====================================================== Rajesh Kumar S/O Shiban Yadav R/o Village-Dayalpur , Ward No-2, P.SGamahariya, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Madhepura P.S. Case No. 490 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 12 litres of cough syrup from a bamboo orchard behind the house of Khattar Thakur and a motorcycle was seized.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of

Patna High Court CR. MISC. No.51455 of 2026(2) dt.24-07-2026 2/2 the seized vehicle and he came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioner, is not disclosed in the FIR, which casts an aspersion on the case of the prosecution, when petitioner has not been implicated based on secret information. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that allegation is of recovery of codeine cough syrup. It is next submitted that of late in the State of Bihar, codeine is being misused by young children for intoxication. It is also submitted that if supply of codeine is not constrained by the police perhaps a time would come when an entire generation of young children would get destroyed.

6.

Considering the submission made by learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T