Patna High Court
Md. Shahjad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Md. Shahjad Ali, sought bail in an excise case (PS No.427 of 2025) alleging offences under Sections 30(a), 30(g), 32, 56(b) and 62 of the Bihar Prohibition and Excise Act for possession of 509.100 litres of codeine cough syrup. He claimed false implication, no incriminating article in his possession, no prior criminal record and alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, relying on a 2016 Gazette notification that codeine‑containing medicines are deemed intoxicants under the Bihar Prohibition and Excise Act and argued the charge‑sheet was properly filed. The Court observed that the NDPS Act was not attracted, noted the petitioner’s prolonged custody and lack of incriminating evidence, and consequently granted bail on a bond of Rs.15,000 with two sureties. The order released the petitioner pending trial in the excise case.
Issues considered
- Whether bail should be granted to the petitioner in a case instituted under the Bihar Prohibition and Excise Act.
- Whether the provisions of the NDPS Act are applicable to the present case.
- Whether the State complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the investigation.
- Whether the petitioner’s alleged false implication and lack of incriminating material warrant bail.
Legislation cited
Subjects
- bail
- excise law
- codeine
- intoxicants
- false implication
- NDPS Act
- Bharatiya Nagarika Suraksha Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82712 of 2025
Arising Out of PS. Case No.-427 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Md. Shahjad Ali Son of Rahineddin @ Rahinuddin Resident of - Badruddin
Nagar Nanu, Police Station - Sagharna, District - Metath(Meeruth), State -
Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, 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.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 427 of 2025 instituted for the offences punishable
under Sections 30(a), 30(g), 32, 56(b), 62 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 509.100
litres codeine cough syrup has been recovered from Tata
container.
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
Patna High Court CR. MISC. No.82712 of 2025(3) dt.19-01-2026
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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. The
petitioner is in custody since 25.07.2025 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.
Patna High Court CR. MISC. No.82712 of 2025(3) dt.19-01-2026
3/3
7. 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.
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 Excise P.S. Case No.
427 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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