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Patna High Court

Basudeo Shaw @ Basudeo Prasad Shaw @ Vasudeo Shaw @ Vashudeo Prasad ShawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified bond and surety conditions, subject to cancellation for non‑cooperation.

Summary

The petitioner, Basudeo Shaw, a 68‑year‑old senior citizen, was implicated in a case alleging the recovery of 2,558 litres of codeine cough syrup from his Patna residence, though he was residing in Kolkata and had rented out the premises. He contended that the investigation was mechanically conducted, highlighted discrepancies in the FIR and seizure records, and asserted that no material linked him to the offence. The State did not dispute these facts and noted the petitioner’s cooperation. The petitioner sought anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, arguing he would not abscond and would continue to assist investigations. The Court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions that the bail may be cancelled if the petitioner fails to cooperate, thereby allowing his release pending trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. given the alleged recovery of codeine cough syrup.
  • Whether the petitioner is likely to abscond or tamper with evidence.
  • Whether procedural discrepancies in the FIR and seizure report affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • codeine cough syrup
  • narcotic substances
  • senior citizen
  • procedural irregularities
  • cooperation with investigation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25261 of 2026
                    Arising Out of PS. Case No.-299 Year-2025 Thana- Chitragupta Nagar District- Patna
                 ======================================================
                 Basudeo Shaw @ Basudeo Prasad Shaw @ Vasudeo Shaw @ Vashudeo
                 Prasad Shaw Son of Late Lal Kishun Prasad Resident Of Village - Janki
                 Niwas, Moolchand Path, Kabaddi Gali, ps- Chitragupt nagar, Dist- Patna, At
                 Present Residing at Ward no. 73, 22A, Madanpal Lane, ps- Bhawanipur,
                 Kolkata, West Bengal
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Samrendra Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   18-06-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 278 of the

                   BNS as well as Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2016.

                                3. The        Investigating      Officer      of    the     case,        in

                   compliance of the order dated 12.05.2026, is present in the

                   Court.

                                4. Learned counsel for the petitioner submits that

                   petitioner is a senior citizen, aged about 68 years and is a person

                   with clean antecedent and has been falsely implicated in the

                   instant case by the informant based on the secret information. It
Patna High Court CR. MISC. No.25261 of 2026(4) dt.18-06-2026
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          is further submitted that the police in mechainal manner

          investigate and implicate. It is next submitted that allegation is

          of recovery of 2558 litres of Codeine Cough Syrup from the

          house of the petitioner and Vijay Shaw. It is also submitted that

          it is not in dispute that alleged Codeine Cough Syrup was

          recovered from the house of the petitioner but then petitioner

          resides with his son Jadu Shaw at Kolkata, i.e., Ward No. 73,

          22A, Madanpal Lane, P.S. Bhawanipur, Kolkata, West Bengal. It

          is further submitted that the petitioner had given the said

          premises on rent to one Satyajit Kumar as would manifest from

          the rent agreement dated 28.02.2025 (Annexure-P/2). It is next

          submitted that the rent agreement is still in force. It is also

          submitted that from perusal of the FIR at page-15, it would

          manifest that the SHO recorded her statement on 16.12.2025 at

          03.30 p.m. at Bank Mains Colony, Kabadi Gali, P.S. Chitragupta

          Nagar but then from the allegation, it appears that the same

          records that the SHO received information about the Codeine

          Cough Syrup on 19.12.2025 at 05.35 p.m. It is further submitted

          that from perusal of the seizure list at             page-16, it would

          manifest that the description of the place is recorded as

          Moolchand Path, Kabadi Gali, P.S. Chitragupta Nagar, District-

          Patna, when it is being alleged that Codeine Cough Syrup was
Patna High Court CR. MISC. No.25261 of 2026(4) dt.18-06-2026
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          recovered from the house of the petitioner and the seizure list

          also records the name of the person from whom Codeine Cough

          Syrup was seized i.e. Basudeo Shaw and Vijay Shaw but then no

          one was arrested from the place of occurrence. It is next

          submitted that the SHO, who instituted the instant FIR, is the

          same SHO who is under suspension in the case of Shambhu

          Girls Hostel. It is also submitted that when the aforesaid

          discrepancies were pointed out before this Court the

          Investigating Officer filed an application seeking rectification of

          the aforesaid discrepancies before the learned trial court and the

          said discrepancies were allowed to be rectified but then it is

          submitted that the said order by which rectification was allowed

          shall be challenged in a separate proceeding. It is further

          submitted that during the course of investigationm till now no

          material has surfaced connecting the petitioner with the offence.

          It is next submitted that it also transpired during the course of

          investigation that petitioner resides in Kolkata and at time

          comes to Patna and the house from which Codeine Cough Syrup

          is alleged to have been recovered, has been given on rent and

          during the time when the Codeine Cough Syrup is alleged to

          have been recovered from the house at that time the petitioner

          was residing at Kolkata. It is also submitted that petitioner is
Patna High Court CR. MISC. No.25261 of 2026(4) dt.18-06-2026
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          cooperating in the investigation.

                       5. Learned A.P.P. for the State does not dispute the

          submissions made by the learned counsel appearing on behalf of

          the petitioner and fairly submits that petitioner is cooperating in

          the investigation on which learned counsel appearing on behalf

          of the petitioner submits that if the privilege of anticipatory bail

          is granted to the petitioner, the petitioner will not abscond rather

          will cooperate in the investigation to prove his innocence.

                       6. After hearing the learned counsel for the parties, let

          the petitioner, above-named, in the event of his arrest or

          surrender within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/Successor Court in connection with Chitragupt Nagar

          P.S. Case No. 299 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that if the Investigating

          Officer of the case files an application before the learned Trial

          Court bringing to its notice that the petitioner, despite giving

          assurance to this Court, is not cooperating in the investigation,

          the learned Trial Court shall be at liberty to cancel the bail
           Patna High Court CR. MISC. No.25261 of 2026(4) dt.18-06-2026
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                     bonds of the petitioner.

                                  8. The personal appearance of the Investigating

                     Officer of the case is dispensed with.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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