Mukesh Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80561 of 2025 Arising Out of PS. Case No.-850 Year-2025 Thana- Excise P.S. District- Purnia ====================================================== Mukesh Prasad Gupta Son of Jaglal Sah Resident of Singhia Basti, Hansda Gulab Bagh, P.S. - Sadar, Dist. - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2025

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

2. The petitioner apprehends his arrest in connection with Excise Sadar P.S. Case No. 850 of 2025 registered for the offences punishable under Section 21(c) of the Narcotic Drug and Psychotropic Substances Act, 1985.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he received an information that petitioner, being Manager of a transport company, indulges in illegal business of codeine syrup, accordingly, the place was raided and Mukesh along with Pankaj were arrested and 1008 bottles of 100 ML

Patna High Court CR. MISC. No.80561 of 2025(2) dt.11-12-2025 2/3 each Bluerex-T codeine syrup were seized, accordingly, the petitioner was called, but he did not turn up.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is next submitted that petitioner is a Manager of a transport company, but then his duty hour was in between 10:00 AM to 06:00 AM and the alleged recovery was made at 08:15 AM in the morning when petitioner was not on duty, but he came to be implicated merely based on suspicion.

5. Learned A.P.P. for the State vehemently opposes the anticipatory bail application and submits that from perusal of the allegation as alleged in the FIR, it would manifest that it is specifically alleged that informant had a secret information about petitioner that he is indulging in illegal business of codeine. It is next submitted that merely because the codeine was recovered prior to the duty hour of the petitioner that in itself is not a ground for considering the anticipatory bail of the petitioner when of late in the State of Bihar codeine is creating havoc amongst children. The learned APP also submits that investigation of the case is in its nascent stages.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the

Patna High Court CR. MISC. No.80561 of 2025(2) dt.11-12-2025 3/3 privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T