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Patna High Court

Md. Jahid @ JahidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to prescribed conditions.

Summary

The petitioner, Md. Jahid, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 28.5 litres of codeine cough syrup. He contended that no incriminating article was found in his conscious possession, he has no prior criminal record, and that he was falsely implicated. The State opposed bail, relying on a 2016 Gazette notification that treats codeine‑containing medicines as intoxicants under the same Act, and argued that the charge‑sheet had been filed. The petitioner’s counsel highlighted that the NDPS Act does not apply and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court observed that the matter falls solely within the Bihar Prohibition and Excise Act and, considering the petitioner’s custody period and lack of personal involvement, decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties and specific undertakings regarding court appearances and non‑interference with evidence or witnesses. The trial court was directed to cancel the bail if any condition is violated.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act for alleged possession of codeine cough syrup.
  • Whether the Narcotic Drugs and Psychotropic Substances Act is applicable to the present case.
  • Whether compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, is required before granting bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • codeine
  • intoxicants
  • criminal procedure
  • Section 103
  • NDPS Act
  • possession
  • medical preparations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7708 of 2026
                         Arising Out of PS. Case No.-417 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Md. Jahid @ Jahid S/o Md. Rahit @ Rahit @ Md. Rahit @ Dani Resident of
                 Village- Denga, Ward No. 13, P.S.- Palasi, District- Araria
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhav Jha, Advocate
                 For the Opposite Party/s :        Mr.Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Palasi P.S.

                   Case No. 417 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 total 28.500 litres

                   codeine cough syrup has been recovered in this case.

                           4. 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 cough
Patna High Court CR. MISC. No.7708 of 2026(2) dt.10-02-2026
                                            2/3




          syrup. The petitioner is in custody since 29.11.2025 and has no

          criminal antecedent. Learned counsel for the petitioner further

          submits that other co-accused has been granted bail by this

          Bench vide order dated 31.01.2026 passed in Cr. Misc. No.

          89212 of 2025. There is no compliance of Section 103 of the

          Bharatiya Nagarika Suraksha Sanhita, 2023.

                  5. 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.

                  6. From a perusal of the records, it appears that the

          present case has been instituted under the provision of the 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.

                  7. Considering the aforesaid facts and circumstances of
           Patna High Court CR. MISC. No.7708 of 2026(2) dt.10-02-2026
                                                       3/3




                     the case as also 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) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Palasi P.S. Case No.

                     417 of 2025, subject to the following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                             In case of violation of any of the aforesaid conditions, the

                     Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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