Patna High Court
Shatrudhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner, subject to conditions, finding no sufficient ground to continue his detention.
Summary
The petitioner, a driver, was arrested in connection with the seizure of 3080 litres of codeine‑containing cough syrup and charged under Sections 8(c), 21(c) and 29 of the NDPS Act. He had been in custody since 5 October 2023 and had previously applied for regular bail, which was denied in 2024. The petitioner argued that he had no knowledge of the illicit nature of the goods and that liability should rest with the truck owner and transporter. The State opposed bail, citing the seriousness of the offence. Considering the petitioner’s clean antecedent, the length of custody, the delay in trial and the lack of substantive prosecution evidence, the Court allowed the bail application subject to conditions of regular police reporting and trial attendance. The order emphasized that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether a driver accused under the NDPS Act can be granted regular bail despite the seriousness of the offence and prolonged pre‑trial detention.
- Whether the petitioner’s lack of knowledge of the contraband and his role as a driver affect his entitlement to bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 29, 8(c)
Subjects
- regular bail
- NDPS Act
- drug trafficking
- driver liability
- pre‑trial detention
- codeine
- excise case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20311 of 2026
Arising Out of PS. Case No.-675 Year-2023 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Shatrudhan Kumar S/O Ram Balak Singh R/O Vill.- Asurari, P.O- Bihat, P.S-
Barauni, Dist.- Bengusarai,851135
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Tiwari
For the Opposite Party/s : Mr. Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Excise P.S. Case No. 675 of 2023
registered for the offence under Sections 8(c), 21(c) and 29 of
the NDPS Act. Earlier the bail application of the petitioner was
rejected by this Court vide Cr. Misc. No. 11845 of 2024 dated
18.04.2024.
3. As per the prosecution case, 3080 liters of cough
syrup containing codeine have been recovered from a truck.
Petitioner is in custody since 5.10.2023 and has clean
antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
Patna High Court CR. MISC. No.20311 of 2026(2) dt.30-04-2026
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further submitted that the petitioner was merely a driver and had
no knowledge of the goods being transported illegally. Learned
counsel also contends that it is the duty of the owner of the truck
and the transporter, and not of the driver or helper to be aware of
the nature of the goods being carried. The petitioner undertakes
to cooperate in the investigation and trial. It is further submitted
that although the charge was framed on 22.08.2024, out of four
witnesses, only two prosecution witnesses have been examined
till date.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the delay in the trial, this application
for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)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 Excise P.S. Case
No. 675 of 2023 subject to condition that:-
(i). The petitioner will mark his
attendance at the Barauni Police Station on
every Sunday of each month. Any default in
Patna High Court CR. MISC. No.20311 of 2026(2) dt.30-04-2026
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appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). One of the bailors shall be a
close blood relative of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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