Patna High Court
Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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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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