Patna High Court
Ramanand Mahto @ Ram Nandan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted because the offence is exclusively under the Bihar Prohibition and Excise Act, the NDPS Act does not apply, and the petitioner has no incriminating possession or prior criminal record.
Summary
The petitioner, Ramanand Mahto, was arrested in connection with the recovery of 321.4 litres of codeine cough syrup from his godown and 70.5 litres from an e‑rickshaw, alleged violations of Sections 30(a), 30(f) and 32(3) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming he was falsely implicated, that no incriminating article was found in his personal possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, noting the charge‑sheet under the same Act and a 2016 Gazette notification treating codeine‑containing medicines as intoxicants. The Court observed that the case falls solely under the Bihar Prohibition and Excise Act and that the NDPS Act does not apply, and considered the petitioner’s lack of prior criminal record and the period of custody already served. Consequently, the Court granted bail on the condition of a Rs.15,000 bond with two sureties and compliance with procedural conditions.
Issues considered
- Whether bail can be granted in a case instituted under the Bihar Prohibition and Excise Act for possession of codeine‑containing cough syrup.
- Whether the provisions of the NDPS Act are applicable to the present case.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- excise offence
- codeine cough syrup
- Bihar Prohibition and Excise Act
- false implication
- NDPS Act
- Section 103 Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3999 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
Ramanand Mahto @ Ram Nandan Mahto Son of Late Parshuram Mahto R/o
Village Teliya Pokhar ward No. 22, P.S. - Ratanpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned 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 punishable
under Sections 30(a), 30(f), 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 321.400
litres codeine cough syrup has been recovered from the godown
of the petitioner and 70.500 litres of codeine cough syrup has
been recovered from E-rickshaw.
4. Earlier, vide order dated 23.06.2025 passed in Cr.
Misc. No. 37325 of 2025, the prayer of the petitioner for grant
of regular bail was rejected by a coordinate Bench of this Court.
Patna High Court CR. MISC. No.3999 of 2026(2) dt.27-01-2026
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5. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further 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
liquor. The petitioner is in custody since 14.05.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner. Learned APP further
submitted that charge-sheet has been submitted in this case
under the provisions 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.
7. From a perusal of the records, it appears that the
present case has been instituted under the provision of the Bihar
Patna High Court CR. MISC. No.3999 of 2026(2) dt.27-01-2026
3/3
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 as also 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/- ( Rupees 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, 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)
Alok Verma/-
U T
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