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Patna High Court

Shatrudhan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                              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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