Patna High Court
Hesamuddin KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioners subject to specified conditions and sureties.
Summary
The petitioners, Hesamuddin Khan and Raju Kumar, were arrested as driver and co‑driver of a truck from which 600 litres of cough syrup were seized, and were charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they had no conscious possession of the contraband, were merely following orders of their employer, and possessed a clean criminal record. The State opposed their bail application, while the petitioners offered to deposit a bail amount and provided sureties. The High Court, noting that the petitioners had been in custody since 31‑07‑2025 and considering the circumstances, granted bail on the condition of a Rs 10,000 bond per petitioner with two sureties each and several compliance requirements. The order stipulated that any violation of bail conditions or involvement in similar offences could lead to cancellation of the bail. The court clarified that observations in the bail order would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the circumstances of custody.
Subjects
- bail
- prohibition and excise
- cough syrup seizure
- Section 30(a)
- Bihar
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66251 of 2025
Arising Out of PS. Case No.-372 Year-2025 Thana- GAYA KOTWALI District- Gaya
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1. Hesamuddin Khan Son of Late Moinuddin Khan @ Mainuddin Khan
Resident of Village - Bara, Ps- Gahmar, Gajipur at Present Resident of
83EB/H/23, Begachia, Ps- Belagachi, Dist- West Bengal
2. Raju Kumar Son of Late kallu Baskhor Resident of Village - Mangla Gauri,
Ps- Vishnupad, Dist- Gaya ji
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv.
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 07-01-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. Petitioners, who are in custody, seek bail in
connection with Gaya Kotwali P.S. Case No. 372 of 2025
registered for the offence(s) punishable under Section(s) 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on receiving secret
information, the police intercepted the truck and apprehended
two persons namely, Hesamuddin Khan and Raju Kumar who
were the driver and co-driver respectively. On search, total 600
litres of cough syrup was recovered.
4. The learned counsel for the petitioners submits that
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the petitioners are innocent and has falsely been implicated in
this case. It is further submitted that the petitioners are the driver
and co-driver of the said vehicle and they have no concern with
the consignment loaded in the said vehicle and that they were
only obeying the order of their master. It has further been
submitted that no recovery has been made from the conscious
possession of the petitioners. It has lastly been submitted that
the petitioners have clean antecedent and they are in custody
since 31.07.2025.
5. The petitioners are willing and undertakes to
deposit a sum of Rs. 5,000/- with the Advocate Association,
Patna High Court.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioners have
remained in custody since 31.07.2025, let the petitioners, above
named, be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand)each with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection Gaya Kotwali
P.S. Case No. 372 of 2025, subject to the following terms and
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conditions :-
(i) One of the bailors shall be a close relative of the
petitioners.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners, in future, are found to be
involved in similar nature of offence(s), the prosecution shall be
at liberty to move for cancellation of their bail bonds.
(v) The trial court shall verify the criminal antecedent
of the petitioners and in case, at any stage, it is found that the
petitioners have concealed their criminal antecedents, the trial
court shall take necessary steps for cancellation of bail bonds of
the petitioners. However, the acceptance of bail bonds in terms
of the above mentioned order shall not be delayed for purpose
of or in the name of verification.
8. The bail bonds of the petitioners shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna High
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Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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