Patna High Court
Ritesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that, lacking any legal prohibition on the storage of codeine syrup by a licensed medical shop, the petitioner is entitled to bail.
Summary
The petitioner, Ritesh Kumar Singh, was arrested in connection with a case (PS No‑155/2025) alleging offences under IPC sections 363, 366A/34 and POCSO Act sections 8 and 12 after police recovered intoxicating medicines and codeine syrup from his godown. He contended that he is innocent, runs a licensed medical shop in his brother’s name, and that the licence authorises storage of such medicines. The State opposed bail but could not produce any law or rule prohibiting a licence‑holder from storing codeine cough syrup. The court noted the absence of any statutory restriction on such storage and considered the petitioner’s custody since 8 May 2025. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner accused under IPC and POCSO provisions in the absence of any statutory restriction on storage of codeine syrup by a licensed medical shop
Legislation cited
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- IPC
- POCSO Act
- codeine syrup
- medical shop licence
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61891 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Ritesh Kumar Singh Son of Sri Ravindra Prasad Singh Resident of Village-
Chhatauni P.s- Basopatti District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mr.Vaishnavi Singh, Adv.
Mr. Ritwik Thakur, Adv.
For the Opposite Party/s : Mr.Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections-363, 366(A)/34 of the Indian
Penal Code and Section-8/12 of POCSO Act.
3. It is alleged that police raided the godown of the
petitioner and recovered intoxicated medicines and Codeine
Syrup from there.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. He runs a medical shop having valid licence in the
name of his brother. The licence has been annexed as Annexure-
Patna High Court CR. MISC. No.61891 of 2025(5) dt.02-02-2026
2/2
2 to this petition. The petitioner is under incarceration since 08-
05-2025.
5. Learned APP has opposed the prayer for bail.
6. On query, the counsel for the State could not
produce any act or rule regarding restriction of storage of
Codeine cough Syrup by a person holding a licence nor any
kind of government order to show that the storage of cough
syrup is a criminal act. The petitioner is under custody since 08-
05-2025.
7. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Principal
Sessions Judge, Madhubani in connection with Jaynagar P.S.
Case No. 155 of 2025.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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