Patna High Court
Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Since no prima facie case of offence under the Excise Act was established and the petitioner has a clean antecedent, the court granted provisional anticipatory bail subject to conditions.
Summary
The petitioner, Rajesh Kumar Singh, sought anticipatory bail in a case alleging offences under Sections 30(a), 30(g), 32, 62 and 56(b) of the Excise Act for possession of codeine syrup seized from the godown of his employer, Vinay Roadlines. The syrup had been lawfully purchased by a licensed manufacturer, Addom Pharmaceuticals, and was being transported to two legitimate buyers. The petitioner argued that he had no prior criminal record and that the seizure did not establish a prima facie offence. The State opposed bail, fearing the petitioner might abscond. The High Court held that, in the absence of a prima facie case and given the petitioner's clean antecedent, anticipatory bail should be granted conditionally, directing the petitioner to furnish bail bonds and sureties, and subjecting the order to verification of his antecedent under Section 482(2) of the BNSS. The application was allowed, and provisional anticipatory bail was ordered.
Issues considered
- Whether the facts alleged constitute a prima facie offence under the Excise Act warranting denial of anticipatory bail.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Excise Act — s. 30(a), 30(g), 32, 56(b), 62
Subjects
- anticipatory bail
- Excise Act
- codeine syrup
- licensed drug
- clean antecedent
- bail conditions
- seizure
- transport
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81918 of 2025
Arising Out of PS. Case No.-963 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Rajesh Kumar Singh S/o Late Prabhunath Singh R/o Mohalla- Road No. 02,
Shiv Nagar, Khemnichak, P.S.- Ramkrishna Nagar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhukar Anand
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 06-04-2026 1. Heard learned counsel for the petitioner and the
learned APP, Shri Chandra Bhushan Prasad.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a), 30(g), 32, 62 and 56(b) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is an
employee of Vinay Roadlines. It is next submitted that Addom
Pharmaceuticals Private Ltd., Mumbai, has license to sell
codeine syrup through wholesale. It is further submitted that
from Addom Pharmaceuticals Private Ltd., Mumbai, codeine
was purchased by Shree Laxmi Narayan Company and New
Bihar Medical and Surgical Agency, Patna. It is next submitted
that Shree Laxmi Narayan Company purchased 9760 bottles of
Patna High Court CR. MISC. No.81918 of 2025(6) dt.06-04-2026
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codeine syrup while New Bihar Medical and Surgical Agency
purchased nearly 4960 bottles of codeine syrup from Addom
Pharmaceuticals Private Ltd., Mumbai. It is submitted that
Addom Pharmaceuticals Private Ltd., Mumbai, booked the
consignment of Shree Laxmi Narayan Company and New Bihar
Medical and Surgical Agency through Vinay Roadlines, a
transport company registered at Himachal Pradesh. It is next
submitted that Vinay Roadlines transported the codeine syrup
booked by Shree Laxmi Narayn Company and New Bihar
Medical and Surgical Agency from Mumbai to Patna and after
reaching Patna unloaded the codeine syrup in their godown for
its onward communication to the aforesaid two buyers. It is also
submitted that the codeine syrup was unloaded in the godown of
Vinay Roadlines at Patna for the reason that the consignment
brought from outside the State by large container vehicles are
not permitted to enter within the city limits, hence the
transporter unloads the consignment at their godown for its
dispatch to various places for which the consignment is booked.
It is further submitted that while the codeine syrup was lying in
the godown of Vinay Roadlines for being transported to Shree
Laxmi Narayan Company and New Bihar Medical and Surgical
Agency, when a raid was conducted and the codeine syrups
Patna High Court CR. MISC. No.81918 of 2025(6) dt.06-04-2026
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were seized.
4. It is next submitted that what is not in dispute
rather stands admitted is that the said codeine syrup was booked
by Addom Pharmaceuticals Private Ltd., Mumbai, a licensee,
who has permission to sell codeine syrup by wholesale and it
was Addom Pharmaceuticals Private Ltd. who had booked
Vinay Roadlines for transporting the codeine syrup to Shree
Laxmi Narayan Company and New Bihar Medical and Surgical
Agency, as such, it cannot be alleged that the codeine found in
the godown of Vinay Roadlines was an illegal substance.
5. Learned A.P.P. opposes the anticipatory bail
application and submits that if privilege of anticipatory bail is
granted, the petitioner may abscond, on which the learned
counsel appearing on behalf of the petitioner submits that in the
nature of allegation prima facie no offence under the Excise Act
is made out. It is also submitted that petitioner will not abscond
rather will cooperate in the investigation to prove his innocence.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
Patna High Court CR. MISC. No.81918 of 2025(6) dt.06-04-2026
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sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/successor Court in
connection with Excise Patna P. S. Case No.963 of 2025, subject
to the conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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