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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Dilkhush Kumar, was arrested as the driver of a Scorpio vehicle from which 120 litres of codeine cough syrup was seized, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He pleaded innocence, arguing that he had no knowledge of the contraband and that no incriminating material was found on his person, though he has two prior criminal records and has been in custody since August 5, 2025. The State opposed bail, citing a 2016 Gazette notification that codeine‑containing medicines are deemed intoxicants under the Act. The Court examined whether the NDPS Act applied and concluded it did not, as the case was instituted solely under the Excise Act. Considering the circumstances and the length of custody, the Court granted bail with a bond of Rs.15,000 and two sureties, subject to conditions regarding family surety and regular court appearances.

Issues considered

  • Whether bail can be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the provisions of the NDPS Act are attracted in a case instituted under the Excise Act.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • codeine
  • intoxicant
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • NDPS Act
  • criminal antecedent
  • driver
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14821 of 2026
                   Arising Out of PS. Case No.-106 Year-2025 Thana- EXCISE SIMRAHI District- Supaul
                 ======================================================
                 Dilkhush Kumar Son of Suresh Yadav Resident of village - Chitri, Ward No.-
                 13, P.S.- Gheladh, District - Madhepura.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Excise

                   PS Simrahi Case No. 106 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 120 liters

                   Codeine cough syrup was recovered from a Scorpio bearing

                   BR-19C-9886.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of cough syrup. It is
Patna High Court CR. MISC. No.14821 of 2026(2) dt.27-02-2026
                                             2/3




          submitted that name of the petitioner has surfaced in this case as

          being driver of the vehicle in question and he was oblivious of

          the fact that cough syrup was laden in the vehicle. The petitioner

          is in custody since 05.08.2025 and has got two (2) criminal

          antecedent/s. There is no compliance of Section 103 of the

          BNSS, 2023. Learned counsel for the petitioner lastly submits

          that cognizance is taken under Section 30(a) of the Bihar

          Prohibition and Excise Act.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          contended that cognizance in this case is taken under Section

          30(a) of the Bihar Prohibition and Excise Act. Learned APP

          further      submitted      that    vide     gazette   notification   dated

          18.10.2016, the Government of Bihar has notified that all

          medicines or medical preparations containing (i) Codeine and

          (ii) Dextropropoxyphene as ingredients be treated to be

          intoxicants for the purposes of the Bihar Prohibition and Excise

          Act, 2016.

                  6.      From a perusal of the records, it appears that the

          present case has been instituted under Section 30(a) of the

          Excise Act, and upon completion of investigation, the police

          have submitted charge sheet under the same provision,
           Patna High Court CR. MISC. No.14821 of 2026(2) dt.27-02-2026
                                                       3/3




                     whereafter, cognizance is also taken under the same section.

                     Therefore, the provisions of the NDPS Act are neither attracted

                     nor applicable to the present case.

                             7.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                             8.      Let the petitioner be released on bail, after framing

                     of charge, if not already framed, on furnishing bail bonds of

                     Rs.15,000/- (Fifteen thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Excise PS Simrahi Case No. 106 of 2025,

                     subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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