The High Court at Patna allowed bail to the petitioner in a case under the Bihar Prohibition and Excise Act, 2016, after adopting submissions regarding his clean antecedents and lack of knowledge about contraband.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19154 of 2022
Arising Out of PS. Case No.-360 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
Tuntun Shekh, Son of Asraful Sheikh, Resident of Village - Dhani Rampur, Post Office - Shibinagar, P.S.- Sagarpura, District - Murshidabad, State - West Bengal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Adv For the Opposite Party/s : Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
9 25-01-2023
Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner’s counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in connection with Mohania P.S. Case No. 360 of 2021 registered under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016.
2412 bottles of cough syrup said to be containing “ Codeine ” has been recovered by the police during routine checking from a pickup van.
Learned counsel for the petitioner submits that under the bonafide belief of transporting medicine, the petitioner has given his
Patna High Court CR. MISC. No.19154 of 2022(9) dt.25-01-2023 2/3
professional services. The petitioner had no knowledge that the contents of the pickup van was containing any contraband. He has no antecedents and he is in custody since 24.08.2021. He further submits that recovered material, even as per prosecution case, is a medicine manufactured for consumption under prescription and cannot be said to be a contraband.
Learned APP has opposed the prayer for bail. It is submitted that as per composition, the cough syrup contains “ Codeine ”, and “ Codeine ” is a contraband specified in the Schedule of the Act.
Considering the rival submissions, the nature of material recovered (medicine), period of custody, and clean antecedent of the petitioner, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cum-Special Judge, Kaimur at Bhabua, in Mohania P.S. Case No. 360 of 2021, subject to the following conditions:-
(i) That one of the bailors shall be father and the other a local person. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. Apart from that, this Court would observe that petitioner would be required to ensure his
Patna High Court CR. MISC. No.19154 of 2022(9) dt.25-01-2023 3/3
representation on each and every date, so that the trial is not in any way obstructed or affected.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
SUMIT/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a case involving alleged possession of prohibited cough syrup.
What conditions should be imposed for the grant of bail.
1 provisions across 1 enactments
Tuntun Shekh
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
