Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
2/3
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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