Patna High Court
Bihari KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, holding that the NDPS Act does not apply and the circumstances warrant release on bond.
Summary
Bihari Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 19.5 litres of codeine cough syrup. The petitioner contended that no incriminating article was found on his person, he was falsely implicated, has no prior criminal record, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was lacking. The State opposed bail, citing a gazette notification that codeine‑containing medicines are deemed intoxicants under the Bihar Prohibition and Excise Act. The Court observed that the NDPS Act does not apply, noted the petitioner’s prolonged custody since 14‑Oct‑2025, and found no material linking him directly to the seized contraband. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of codeine‑containing syrup.
- Whether the provisions of the NDPS Act are applicable to the present case.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- codeine
- intoxicants
- criminal procedure
- false implication
- NDPS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82625 of 2025
Arising Out of PS. Case No.-359 Year-2025 Thana- UDAKISHUNGANJ District-
Madhepura
======================================================
Bihari Kumar S/O Ashok Sah R/o Village-Uda Sonbarsha Ward No 01 P.S-
Udakishunganj District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Udakishunganj P.S. Case No. 359 of 2025 instituted for the
offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 19.5 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
Patna High Court CR. MISC. No.82625 of 2025(3) dt.19-01-2026
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the provisions of Bihar Prohibition and Excise Act. The
petitioner has got no concern with the alleged recovery. The
petitioner is in custody since 14.10.2025 and has no criminal
antecedent. 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.82625 of 2025(3) dt.19-01-2026
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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) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Udakishunganj P.S.
Case No. 359 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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