Raj Kumar Singh vs. The State Of Bihar

Facts

The petitioner, Raj Kumar Singh, is seeking anticipatory bail in a case registered under the NDPS Act and the Drugs and Cosmetics Act. The prosecution alleges the seizure of a large quantity of codeine-based cough syrup and Nitravet-10 tablets, classified as psychotropic drugs. The petitioner claims he has been falsely implicated. He asserts that his medical shop, Raj Medico, is legally licensed for the sale and distribution of medicines and is registered under GST. He further states that his license renewal application was approved, extending his license until April 10, 2026, and that he has no prior criminal record. The State opposed the prayer for anticipatory bail.

Held

The Court granted anticipatory bail to the petitioner, Raj Kumar Singh. The reasoning appears to be based on the petitioner's submission that his medical shop is legally established, possesses valid licenses for the sale and distribution of medicines, and is registered under GST. The fact that the license renewal was approved until April 10, 2026, and the petitioner's claim of having a clean antecedent, likely weighed in the Court's decision. The Court found sufficient grounds to grant interim protection from arrest. The operative direction is that the petitioner, in the event of his arrest or surrender before the court below within four weeks, shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount, subject to the conditions under Section 438(2) of the Cr.P.C. No issues were expressly left undecided.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail in connection with Raxaul P.S. Case No. 205 of 2021, registered for offences under Sections 21(c) and 22(a) of the NDPS Act and Section 18(c) of the Drugs and Cosmetics Act? Petitioner's Arguments: The petitioner contends that he has been falsely implicated and that his medical shop, Raj Medico, operates with valid licenses and is registered under GST. He highlights the renewal of his license and his clean antecedent as reasons for granting anticipatory bail. Revenue/State's Arguments: The State, through the learned Additional Public Prosecutor, opposed the petitioner's prayer for anticipatory bail.