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Patna High Court

Rajesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           4/4




                         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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