Patna High Court
Jagarnath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that the NDPS Act does not apply and, on the facts, regular bail is appropriate.
Summary
Jagarnath Sah was arrested in connection with the recovery of 70.5 litres of codeine cough syrup from his e‑rickshaw and 321.4 litres from a co‑accused's godown. He was charged under Sections 30(a), 30(f) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioner, claiming no prior criminal record and arguing that the case does not fall under the NDPS Act, sought regular bail after an earlier bail application was rejected. The State opposed bail, contending that the charge‑sheet was correctly filed under the Bihar Prohibition and Excise Act and that codeine is deemed an intoxicant under a 2016 Gazette notification. The Court examined the applicability of the NDPS Act and the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and concluded that the NDPS Act does not apply. Considering the facts, the period of custody, and the lack of antecedents, the Court granted regular bail to the petitioner on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted in a case instituted under the Bihar Prohibition and Excise Act for possession of codeine cough syrup.
- Whether the provisions of the NDPS Act are attracted in the present case.
- Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is mandatory for bail.
Legislation cited
Subjects
- bail
- codeine
- prohibition and excise
- drug possession
- Bihar
- NDPS Act
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15096 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
Jagarnath Sah S/o- Late Ram Nath Sah R/v- Mirganj Patel Chowk, w.N o-31,
Ps- Town Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 173 of 2025, instituted for the offences under
Sections 30(a), 30(f) and 32(3) of Bihar Prohibition and Excise
Act, 2018.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by a co-ordinate Bench of this Court
vide order dated 24.07.2025 passed in Cr. Misc. No. 37287 of
2025 taking into account the material available on record.
4. The prosecution case, in short, is that total 321.400
litres codeine cough syrup has been recovered from the godown
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of the co-accused person and 70.500 litres of codeine cough
syrup has been recovered from the E-rickshaw of the petitioner.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 14.05.2025
without any rhymes or reason and has got no criminal
antecedent. It is next submitted that police after investigation
have submitted charge-sheet under the provisions of Bihar
Prohibition and Excise Act. The petitioner has got no concern
with the alleged recovery of codeine cough syrup. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023. Learned counsel for the petitioner further
submitted that other co-accused has been granted regular bail by
this Court vide order dated 27.01.2026 passed in Cr. Misc. No.
3999 of 2026.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner. It is further
submitted that police, after completion of investigation,
submitted charge-sheetunder the provisions of Bihar Prohibition
and Excise Act and not under the provision of NDPS 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
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(ii) Dextropropoxyphene as ingredients be treated to be
intoxicants for the purposes of the Bihar Prohibition and Excise
Act, 2016.
7. From a perusal of the records, it appears that the
present case has been instituted under under the provisions of
Bihar Prohibition and Excise Act, and upon completion of
investigation, the police have submitted charge sheet under the
same provision. Therefore, the provisions of the NDPS Act are
neither attracted nor applicable to the present case.
8. 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.
9. Let the petitioner be released on bail 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 P.S. Case No.
173 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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