Patna High Court
Wali RahmaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the NDPS Act does not apply and granted bail to the petitioner.
Summary
The petitioner, Wali Rahmani, was arrested after police recovered 158.5 liters of codeine cough syrup from a vehicle and was charged under Sections 30(a) and 32 of the Bihar Prohibition Excise Act. He applied for bail, arguing innocence, lack of prior criminal record, and that no incriminating material was found in his possession. The State opposed bail, contending that the offence fell under the Excise Act and not the NDPS Act, citing a 2016 Gazette notification treating codeine as an intoxicant. The court examined whether the NDPS Act's provisions were applicable and noted that the charge sheet was filed solely under the Excise Act. Concluding that the NDPS Act did not attract, the court granted bail with a bond of Rs. 15,000 and two sureties, subject to conditions on appearance.
Issues considered
- Whether the Narcotic Drugs and Psychotropic Substances Act applies to the offence charged under the Bihar Prohibition Excise Act.
- Whether bail can be granted in a case involving alleged possession of codeine cough syrup under Sections 30(a) and 32 of the Bihar Prohibition Excise Act.
- Whether the petitioner is entitled to bail despite the earlier denial by a coordinate bench.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 42, 50
Subjects
- bail
- excise law
- codeine
- prohibition
- NDPS Act
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86096 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- EXCISE SIMRAHI District- Supaul
======================================================
Wali Rahmani S/o- Md. Kalam Azad R/v- Jhitkiya NO-6, Ps- Singheshwar
Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
Case No. 775 of 2025 arising out of Excise (Sitamarhi) PS Case
No.59 of 2025 instituted for the offences under Sections 30(a)
& 32 of the Bihar Prohibition Excise Act. Vide order dated
05.08.2025, passed in Cr. Misc. no. 52842 of 2025, bail of the
petitioner was rejected by a Co-ordinate Bench of this Court.
3. Prosecution allegation, in short, is that during
vehicle checking, police intercepted a car and on search, there is
recovery of 158.500 liters of codeine cough syrup from beneath
the middle seat of the vehicle.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.86096 of 2025(2) dt.31-01-2026
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petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner further submits that petitioner has no concern with
the recovered cough syrup. The petitioner is in custody since
12.05.2025 and has got no criminal antecedent. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
counsel further submitted that police, after completion of
investigation, submitted charge-sheet under Section 30(a) of the
Bihar Prohibition and 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 a perusal of the records, it appears that the
present case has been instituted under Sections 30(a) & 32 of
the Excise Act, and upon completion of investigation, the police
have submitted charge sheet under 30(a) of the Excise Act.
Patna High Court CR. MISC. No.86096 of 2025(2) dt.31-01-2026
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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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Case No. 775
of 2025 arising out of Excise (Sitamarhi) PS Case No.59 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)
Raj Kishore/-
U T
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