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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, holding that the circumstances did not justify denial of bail.

Summary

The petitioner, a driver of an auto‑rickshaw, was arrested after police intercepted his vehicle and recovered approximately 756 grams of codeine cough syrups concealed under medical equipment. He was charged under Sections 30(a), 32(3) and 30(f) of the Bihar Prohibition and Excise Act. The petitioner argued that he had no knowledge of the contraband, that the quantity was below commercial threshold and that he had no prior criminal record. The State opposed bail, contending the seriousness of the offence. The Court, considering the lack of evidence of the driver’s knowledge, the modest quantity, and the length of custody, granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation in trial. The application for bail was allowed.

Issues considered

  • Whether the driver, as a carrier, can be presumed to have knowledge of the concealed codeine syrups for the purpose of denying bail
  • Whether the quantity of codeine recovered, being less than commercial quantity, warrants denial of bail
  • Whether the petitioner is entitled to regular bail despite the charges under the Bihar Prohibition and Excise Act

Subjects

  • bail
  • excise
  • codeine
  • drug trafficking
  • knowledge
  • driver
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3661 of 2026
                      Arising Out of PS. Case No.-418 Year-2025 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 Santosh Kumar S/o Lallu Choudhry R/o Village - Shiv Nagar Khemanichak,
                 District - Begusarai

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Anuj Kumar, Advocate
                                                    Ms Eashita Raj, Advocate
                                                    Ms. Nupam, Advocate
                 For the Opposite Party/s :         Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   07-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Begusarai Excise P.S.

                   Case No. 418 of 2025 dated 08.10.2025 registered for the

                   offences punishable under Sections 30(a), 32(3), 30(f) of the

                   Bihar Prohibition and Excise Act.

                                 3. As per the allegation, police got an information that

                   illegal excise products are being transported by hiding under

                   medical goods in an auto-rickshaw. Upon such information, the

                   auto-rickshaw was intercepted and petitioner was arrested. It is

                   further alleged that huge quantity of codeine cough syrups was

                   recovered.
Patna High Court CR. MISC. No.3661 of 2026(4) dt.07-04-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner happens to be the driver of the auto-rickshaw and was

          not aware as to the consignment contained codeine cough syrup

          hidden inside medical equipment, petitioner would not be

          expected to know this when he is just a carrier. It has further

          been submitted that as per the allegation itself, the codeine was

          concealed inside the box under a medical equipment and

          petitioner is not expected to know the same as from the bare

          perusal of the upper part, they appeared to be medical

          equipment. Moreover, actual amount of codeine in the recovered

          consignment appears to be around 756 grams which is less than

          commercial quantity and the said codeine syrups may also be

          for therapeutical use. It has further been submitted that the

          petitioner is in custody since 09.10.2025 having no criminal

          antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          as well as the period of custody, the petitioner above-named is

          directed to be enlarged on bail on furnishing bail-bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Court concerned,
           Patna High Court CR. MISC. No.3661 of 2026(4) dt.07-04-2026
                                                       3/3




                     Begusarai in connection with Begusarai Excise P.S. Case No.

                     418 of 2025.

                                  7. The petitioner is directed to co-operate in the trial

                     and be well represented on each and every date fixed in the trial

                     and failure to appear on two consecutive dates, the court below

                     would be at liberty to cancel the bail bonds of the petitioner.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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