Patna High CourtCR. MISC./85905/2025dismissed

Mritunjay Kumar v. The State Of Bihar

2026-02-11Mr. Justice Sandeep Kumar3 pages

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 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 2/3

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 3/3 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