Rajesh Kumar Singh v. The State Of Bihar
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 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
2/4 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.
3/4 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
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