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Patna High Court

Ramanand Mahto @ Ram Nandan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




                     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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