Md. Irsad @ Md. Irshad vs. The State Of Bihar
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The petitioner, Md. Irsad, the driver of a truck, seeks regular bail in connection with Excise (Sadar) P.S. Case No. 337 of 2025. The prosecution alleges that 330 cases of codeine cough syrup (4620 litres) were found loaded on the truck. The petitioner contends he was falsely implicated as the driver. He highlights that the consignment was loaded by Windlas Biotech Limited, Dehradun, pursuant to a purchase order dated 13.11.2025, with GST invoices and e-way bills generated for Vishnu Medical Agency, Sasaram, who is the C & F of the manufacturer. The petitioner also submits that the seized cough syrup's contents conform to prescribed limits as per the Bihar Drugs Control Laboratory report dated 31.12.2025. He has been in custody since 23.11.2025, possesses a valid driving license, and has no criminal antecedents. Chargesheet has been filed.
Held
The Court granted regular bail to the petitioner, Md. Irsad. The Court considered the allegations in the FIR, the petitioner's period of custody since 23.11.2025, the submission of chargesheet, and the absence of criminal antecedents. Crucially, the Court took into account the documents brought on record, including the agreement, purchase order, GST invoices, e-way bills, and the report from the Bihar Drugs Control Laboratory, which indicated the lawful origin and compliance of the seized goods. The Court reasoned that these documents, particularly those pertaining to the agreement and the nature of the goods, supported the petitioner's claim of being a mere driver of a legally dispatched consignment. The ratio decidendi is that a driver, in the absence of specific evidence of their involvement in the illegal aspect of the consignment and with supporting documentation for the goods' lawful dispatch, may be granted bail, especially when other factors like period of custody and clean record are favorable. The petitioner was directed to be enlarged on bail upon furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount.
Key Issues
1. Whether the petitioner, as the driver of the vehicle, is liable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, given the documentation presented regarding the lawful origin and consignee of the goods? Petitioner's arguments: The petitioner argues that he has been falsely implicated solely because he was the driver. He relies on the purchase order, GST invoices, and e-way bills to demonstrate that the consignment was legally dispatched by Windlas Biotech Limited to Vishnu Medical Agency. He also points to the Bihar Drugs Control Laboratory report indicating the cough syrup's contents are within prescribed limits. The petitioner emphasizes his lack of criminal antecedents, valid driving license, and the submission of chargesheet as grounds for bail. Revenue's arguments: The State, through the learned APP, opposes the bail application.
Sections Cited
Section 30(a)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 17-02-2026 Heard Mr. P.N. Shahi, learned Senior counsel for the petitioner and learned APP for the State.
The petitioner has preferred this application for grant of regular bail in connection with Excise (Sadar) P.S. Case no. 337 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution case, on the truck in question being stopped for search, it transpired that 330 case of codeine cough syrup (Wiscof cough syrup) was found loaded, the total quantity being 4620 litres. The petitioner who happens to be the driver of the vehicle was taken into custody.
It is submitted by learned Senior counsel appearing 2/3 for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the driver of the vehicle of the transport agency Road King Transport. Referring to the contents of the petition and the documents brought on record by way of annexure, it is submitted that 330 case of Wiscof codeine cough syrup consignment was loaded by the company Windlas Biotech Limited, Dehradun, Uttarakhand pursuant to receipt of purchase order dated 13.11.2025 (Annexure-P/2). The Windlas Biotech Limited on receipt of the order sent the goods to Vishnu Medical Agency and generated two GST invoices with the consignees name being Vishnu Medical Agency. Two E-way bills were also generated which has been brought on record as Annexure- P/3 to the petition. Referring to the license of the manufacturer Windlas Biotech Limited, Uttarakhand, it is submitted that an agreement was entered into on 31.5.2025 and that Vishnu Medical Agency, Sasaram happens to be the C & F of Windlas Biotech Limited.
It is further submitted that the cough syrup seized was tested by the agency and a copy of the report of the Bihar Drugs Control Laboratory, Government of Bihar contained in Memo no. 4181 dated 31.12.2025 (Annexure-P/9) has been brought on record to show that the contents of the codeine etc found therein conforms 3/3 to the prescribed limit. It is further submitted that the petitioner was holding a valid driving license, he is in custody since 23.11.2025 and has no criminal antecedent. Chargesheet has been submitted in the case.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being in custody since 23.11.2025, chargesheet having been submitted in the case, his not having any criminal antecedent and specially the documents brought on record with respect to the agreement etc of the goods loaded on the truck and referred to herein above, the Court directs the petitioner to be enlarged on bail in connection with Excise (Sadar) P.S. Case no. 337 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Bhojpur at Ara.
sauravkrsinha/- (Partha Sarthy, J) U T
Reproduced from the public record of the Patna High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.