Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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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