Patna High Court
Basudeo Shaw @ Basudeo Prasad Shaw @ Vasudeo Shaw @ Vashudeo Prasad ShawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 278, 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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
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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
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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/-
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