Santosh Kumar v. The State Of Bihar
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 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