Patna High Court
Md. Irsad @ Md. IrshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing the execution of a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, a driver for Road King Transport, was arrested after a truck was found carrying 4620 litres of codeine cough syrup, leading to a charge under section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he was falsely implicated, asserting that the consignment was loaded by Windlas Biotech Limited for Vishnu Medical Agency, supported by purchase orders, GST invoices, E‑way bills, and a laboratory report showing the codeine content within legal limits. He also highlighted his valid driving licence, lack of prior criminal record, and that he had been in custody since 23‑11‑2025 with a chargesheet already filed. The State opposed bail, but the Court, after considering the documents and the circumstances, found no compelling reason to deny bail. Consequently, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charge under section 30(a) of the Bihar Prohibition and Excise Act, 2016
- Whether the evidence shows that the petitioner was falsely implicated in the alleged contravention
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise law
- codeine cough syrup
- false implication
- driver liability
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10506 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- Excise P.S. District- Bhojpur
======================================================
Md. Irsad @ Md. Irshad S/o Marhum Ajij Alam @ Mahruf Ajij Alam @ Md.
Ajig Alam R/o Village- Rani Mau, P.O. - Indauli, P.S.- Patranga, District-
Faijabad, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Vijay Anand, Advocate
Mr. Roop Kishan, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 Heard Mr. P.N. Shahi, learned Senior counsel for the
petitioner and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise (Sadar) P.S. Case
no. 337 of 2025 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, on the truck in
question being stopped for search, it transpired that 330 case of
codeine cough syrup (Wiscof cough syrup) was found loaded,
the total quantity being 4620 litres. The petitioner who happens
to be the driver of the vehicle was taken into custody.
4. It is submitted by learned Senior counsel appearing
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for the petitioner that the petitioner has been falsely implicated in the
case only for the reason that he happens to be the driver of the
vehicle of the transport agency Road King Transport. Referring to
the contents of the petition and the documents brought on record by
way of annexure, it is submitted that 330 case of Wiscof codeine
cough syrup consignment was loaded by the company Windlas
Biotech Limited, Dehradun, Uttarakhand pursuant to receipt of
purchase order dated 13.11.2025 (Annexure-P/2). The Windlas
Biotech Limited on receipt of the order sent the goods to Vishnu
Medical Agency and generated two GST invoices with the
consignees name being Vishnu Medical Agency. Two E-way bills
were also generated which has been brought on record as Annexure-
P/3 to the petition. Referring to the license of the manufacturer
Windlas Biotech Limited, Uttarakhand, it is submitted that an
agreement was entered into on 31.5.2025 and that Vishnu Medical
Agency, Sasaram happens to be the C & F of Windlas Biotech
Limited.
5. It is further submitted that the cough syrup seized was
tested by the agency and a copy of the report of the Bihar Drugs
Control Laboratory, Government of Bihar contained in Memo no.
4181 dated 31.12.2025 (Annexure-P/9) has been brought on record
to show that the contents of the codeine etc found therein conforms
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to the prescribed limit. It is further submitted that the petitioner was
holding a valid driving license, he is in custody since 23.11.2025 and
has no criminal antecedent. Chargesheet has been submitted in the
case.
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner being in custody since 23.11.2025, chargesheet having
been submitted in the case, his not having any criminal
antecedent and specially the documents brought on record with
respect to the agreement etc of the goods loaded on the truck
and referred to herein above, the Court directs the petitioner to be
enlarged on bail in connection with Excise (Sadar) P.S. Case no. 337
of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise-II,
Bhojpur at Ara.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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