Patna High Court
Rajendra MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail is warranted as the petitioner was not shown to have possession or participation in the alleged offence and has a clean antecedent.
Summary
The petitioner, Rajendra Mehta, was implicated in an excise case involving the alleged recovery of 295 litres of codeine syrup, although his name does not appear in the FIR. He is the registered owner of the seized vehicle but the prosecution offered no material showing his conscious possession or participation. The petitioner sought anticipatory bail, arguing that the case is under the Bihar Prohibition and Excise Act, not the NDPS Act, and that the seizure list lacks independent corroboration. The Additional Public Prosecutor opposed bail. The court noted the lack of direct evidence linking the petitioner to the contraband and his clean antecedent, and therefore directed that he be released on bail upon surrender within four weeks, subject to a bail bond and sureties. The order was made under Section 438(2) of the CrPC and Section 482(2) of the BNSS Act.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and no material links him to the seized contraband.
- Whether the seizure list, unsupported by independent witnesses, suffices to establish the petitioner's involvement.
- Whether the provisions of the Bihar Prohibition and Excise Act, 2018, or the NDPS Act, are applicable for granting bail.
Legislation cited
- Bihar Narcotic and Psychotropic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- codeine syrup
- clean antecedent
- seizure list
- Bihar Prohibition and Excise Act
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35105 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
Rajendra Mehta, S/o Bindeshwari Prasad Mehta ,R/o Village - Ranipatra, PS -
Chandi, Kathwa, District - Purnea.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Mishra, Advocate
: Mr. Anirudh Mishra, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Excise P.S.
Kishanganj Case No.303 of 2025 registered under Sections
30(a) and 32(3) of the Bihar Prohibition and Excise Act,
2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit contraband, where there
is recovery of 295 litres of Codeine Syrup.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery was made from a
Patna High Court CR. MISC. No.35105 of 2026(3) dt.29-06-2026
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Tempo bearing Registration No. BR37AF-4983. It is initially
submitted that the present case was instituted under the
provisions of the Excise Act and not under the NDPS Act. It
is further submitted that the petitioner’s name has been
surfaced in the present case solely on the ground that he is
the registered owner of the alleged vehicle, and not on the
basis of any material demonstrating his conscious
possession, involvement or complicity in the alleged offence.
It is further submitted that the seizure list appears doubtful
being not supported by independent witnesses rather than by
police personnel. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
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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, Kishanganj in
connection with Excise P.S. Kishanganj Case No.303 of
2025, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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