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Patna High Court

Jagarnath SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.15096 of 2026(2) dt.25-02-2026
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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
             Patna High Court CR. MISC. No.15096 of 2026(2) dt.25-02-2026
                                                         3/3




                       (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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