Allowed¶17

Sonu Kumar v. The State of Bihar

Patna HC5 May 2025CR. MISC./4286/2025

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail 2025; Crl. Misc. No.4286 of 2025; Sonu Kumar and Rajiv Paswan vs State of Bihar; Section 30(a) Bihar Prohibition and Excise (Amendment) Act 2022; Lohiyanagar P.S. Case No.112 of 2024, Begusarai; codeine-containing Codiscant T cough syrup recovery; Section 438(2) Cr.P.C. conditions; bail bond Rs.10,000/-; Soni Shrivastava, J; decided 05-05-2025.

What did the court decide?

Anticipatory bail granted to both petitioners: release on bail on arrest or surrender within four weeks before the learned Court below where Lohiyanagar P.S. Case No.112 of 2024 is pending, on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and cooperation in the investigation/trial. ¶17

Sonu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest for offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be granted anticipatory bail.

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Court's answer

Taking into consideration the facts and circumstances of the case, including that the petitioners have no criminal antecedent, the court extended the privilege of anticipatory bail to the petitioners.

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Ratio / Principle

The petitioners are to be released on bail upon arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C. and a further condition of cooperation in the investigation/trial.

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Detailed headnote1 paragraphs

Anticipatory bail granted - High Court of Judicature at Patna (Soni Shrivastava, J), Criminal Miscellaneous No.4286 of 2025, decided 05-05-2025: two brothers apprehending arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in connection with Lohiyanagar P.S. Case No.112 of 2024 (Begusarai) were extended anticipatory bail. FIR and seizure list showed recovery of 12 liters of Codiscant T cough syrup containing codeine and 190 packets of injection near the main gate of the petitioners' house; the court took into account the facts and circumstances and that the petitioners have no criminal antecedent. Bail ordered on a bond of Rs.10,000/- each with two like sureties, within four weeks of arrest or surrender, subject to Section 438(2) Cr.P.C. conditions and cooperation in investigation/trial.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4286 of 2025

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Arising Out of PS. Case No.-112 Year-2024 Thana- LAUHIYANAGAR District- Begusarai

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======================================================

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Sonu Kumar S/o Prakash Paswan R/o Village- Baghi, Ward No.25, P.S.Lohiyanagar, Distt.- Begusarai

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Rajiv Paswan S/o Prakash Paswan R/o Village- Baghi, Ward No.25, P.S.Lohiyanagar, Distt.- Begusarai

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... ... Petitioners.

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Versus

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The State of Bihar. ... ... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prabhat, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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3 05-05-2025

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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A perusal of the first information report and the seizure list would go to show that total 12 liters of Codiscant T cough syrup containing codeine and 190 packets of injection were recovered near the main gate of the house of the petitioners.

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Learned counsel for the petitioners submits that the petitioners has no concern with the said recovery and the said recovery has been made near their main gate of the house, which is an open place and easily accessible to anyone. He further submits that there is no independent witness to the

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Patna High Court CR. MISC. No.4286 of 2025(3) dt.05-05-2025 2/2

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seizure violating the mandatory provisions of search and seizure. He further submits that 120 bottles of syrup will contain 1200 mg of codeine, which is equal to 1.2 gm of codeine and the same is less than the small quantity. It is also a fact that the petitioners were not caught on the spot and nothing has been recovered from their physical or conscious possession.

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Taking into consideration the abovementioned facts and circumstances of the case and further that the petitioners have no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each 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 Lohiyanagar P.S. Case No.112 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

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(Soni Shrivastava, J)

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Trivedi/- U T

Sonu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sonu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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