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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the case falls solely under the Bihar Prohibition and Excise Act and the NDPS Act is not applicable.

Summary

The petitioner, Ranjeet Kumar, was arrested in connection with the recovery of 134.200 litres of cough syrup and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of criminal antecedents, and that the arrest was made merely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing that the seized medicines containing codeine and dextropropoxyphene are deemed intoxicants under a 2016 Bihar Gazette notification and that the case might attract the NDPS Act. The Court observed that the charge‑sheet was filed solely under the Excise Act and that the NDPS Act was not applicable, and noted the petitioner’s prolonged custody without substantive incriminating material. Considering these factors, the Court granted bail subject to monetary sureties and conditions of appearance.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the provisions of the NDPS Act are applicable to the case.
  • Whether the arrest complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • excise law
  • Bihar Prohibition and Excise Act
  • codeine
  • dextropropoxyphene
  • NDPS Act
  • Section 103
  • suspicion arrest
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76147 of 2025
                   Arising Out of PS. Case No.-105 Year-2025 Thana- EXCISE SIMRAHI District- Supaul
                 ======================================================
                 Ranjeet Kumar S/o Jay Krishna Yadav R/o Village - Chaughara, Ward No. 3,
                 P.S - Supaul, District - Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   31-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Simrahi Excise P.S. Case No. 105 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 134.200 liters

                   of cough syrup was recovered from car and the petitioner was

                   arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case under

                   Excise Act and not under NDPS Act. No incriminating material
Patna High Court CR. MISC. No.76147 of 2025(4) dt.31-01-2026
                                            2/3




          has been recovered from the conscious possession of the

          petitioner. The petitioner has got no concern with the alleged

          recovery of cough syrup. Learned counsel for the petitioner also

          submitted that the petitioner was not arrested on spot. The

          petitioner has been arrested only on the basis of suspicion. The

          petitioner is in custody since 05.08.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. 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-sheet under 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 (ii) Dextropropoxyphene as

          ingredients be treated to be intoxicants for the purposes of the

          Bihar Prohibition and Excise Act, 2016.

                     6. From the aforesaid submission of the learned

          counsel for the petitioner, 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
             Patna High Court CR. MISC. No.76147 of 2025(4) dt.31-01-2026
                                                         3/3




                       sheet under the same provision. 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 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 Simrahi Excise P.S.

                       Case No. 105 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)
Rajorshi/-

U       T


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