Yogesh Kumar vs. The State Of Bihar
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The petitioner, Yogesh Kumar, is seeking regular bail in connection with Excise Jagdishpur P.S. Case No. 199 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleges that upon a search of vehicles, the driver attempted to escape but was apprehended. The recovery included 355 cases of Wiscof cough syrup, totaling 4970 liters, containing codeine phosphate. The petitioner, who was the driver, claims to have been falsely implicated. He states that the consignment was loaded by Windlas Biotech Limited, Dehradun, Uttarakhand, based on a purchase order dated 16.11.2025. Two GST invoices dated 17.11.2025 and two E-way bills were generated, showing Devine Enterprises, Samastipur, as the consignee. Devine Enterprises is stated to be the C & F agent of Windlas Biotech Limited. Windlas Biotech Limited possesses a valid manufacturing license for codeine-based cough syrup until June 2029. A sample tested by the Bihar Drugs Control Laboratory confirmed the codeine content to be within prescribed limits. The petitioner has been in custody since 22.11.2025 and has no criminal antecedents.
Held
The Court granted regular bail to the petitioner. The Court considered the allegations in the FIR, the petitioner's custody period since 22.11.2025, his lack of criminal antecedents, and crucially, the documents presented. These documents included the purchase order, GST invoices, E-way bills, the valid manufacturing license of Windlas Biotech Limited, and the license of Devine Enterprises. The Court also took into account the report from the Government Analyst confirming that the seized sample conformed to the prescribed limits. Based on these facts and the supporting documentation indicating a potentially legitimate transaction, the Court found it appropriate to enlarge the petitioner on bail. The operative direction was for the petitioner to be released on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Exclusive Special Judge Excise-II, Bhojpur at Ara.
Key Issues
1. Whether the petitioner, as the driver of the vehicle, can be held liable for the alleged recovery of codeine cough syrup when the consignment was purportedly dispatched by a licensed manufacturer with valid documentation, turning on Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Petitioner's Arguments: - The petitioner claims false implication and highlights that the consignment originated from Windlas Biotech Limited, a licensed manufacturer. - He relies on the purchase order dated 16.11.2025, GST invoices dated 17.11.2025, E-way bills, and the valid drug manufacturing license of Windlas Biotech Limited (valid till June 2029) as evidence of legitimate trade. - The petitioner also points to the agreement with Devine Enterprises, Samastipur, as the C & F agent, and the Government Analyst's report dated 23.12.2025, which confirmed the seized sample's compliance with prescribed limits. - He emphasizes his custody period since 22.11.2025, his undertaking to cooperate, and his lack of criminal antecedents. Revenue/State's Arguments: - The State opposed 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 learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in connection with Excise Jagdishpur P.S. Case no. 199 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution case, the informant states that on search of vehicles having been started by his team, seeing them the driver of the vehicle made an attempt to escape but was caught. Various articles as mentioned in the FIR being a total of 355 case of codeine cough syrup having codeine phosphate by the name of Wiscof cough syrup was recovered, the total quantity being 4970 litres.
It is submitted by learned counsel appearing for the 2/3 petitioner that the petitioner who happens to be the driver of the vehicle has been falsely implicated in the case. It is the company i.e. Windlas Biotech Limited, Dehradun, Uttarakhand who on having received the purchase order dated 16.11.2025 (Annexure-P/2) loaded the consignment of Wiscof codeine cough syrup. Two GST invoices dated 17.11.2025 (Annexure-P/3) were generated showing the consignee name and address as Devine Enterprises, Samastipur and two E-way bills were also generated. Learned counsel submits that the said Devine Enterprises, Samastipur is the C & F of Windlas Biotech Limited on the basis of an agreement dated 31.5.2025. Windlas Biotech Limited, Uttarakhand holds a valid license (Annexure-P/4) and has a right to manufacture codeine based cough syrup. The drug license is valid till June, 2029. 5. It is further submitted that the sample seized was tested in the Bihar Drugs Control Laboratory, Government of Bihar and as per report dated 23.12.2025 of the Government Analyst, the codeine etc in the sample were found to conform to the prescribed limit. It is submitted that the petitioner is in custody since 22.11.2025 and undertakes to cooperate in the investigation/trial. He has no criminal antecedent.
The application for bail is opposed by learned APP for the State.
3/3
Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being in custody since 22.11.2025, his not having any criminal antecedent and specially the documents brought on record being the copies of the purchase order receipt, the invoices generated, valid license of manufacturing the cough syrup of Windlas Biotech Limited, the license of Devine Enterprises, Samastipur, the E-way bills dated 17.11.2025 etc, in the facts of the case, the Court directs the petitioner to be enlarged on bail in connection with Excise Jagdishpur P.S. Case no. 199 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.