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Patna High Court

Sunny Kumar @ Sunny PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Sunny Kumar was arrested in connection with an excise case involving 224 litres of codeine cough syrup and charged under Sections 30(a), 30(g) and 56(b) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no prior criminal record. The State opposed bail, relying on a 2016 Gazette notification that codeine‑containing medicines are deemed intoxicants under the same Act, and argued that the charge‑sheet was properly filed. The court observed that the NDPS Act was not applicable and that the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. Considering the lack of personal possession of the seized liquor and the petitioner’s custody period, the court granted bail on a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
  • Whether the NDPS Act is applicable to the present case.
  • Whether compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, is a prerequisite for bail.

Legislation cited

Subjects

  • bail
  • excise law
  • codeine
  • Bihar Prohibition and Excise Act
  • false implication
  • NDPS Act
  • Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.866 of 2026
                        Arising Out of PS. Case No.-582 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Sunny Kumar @ Sunny Prasad Son of Amresh Kumar Resident of Village -
                 Saidpur Khatal Gali, P.S.- Kadamkuan, District - Patna.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :         Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Patna

                   Excise P.S. Case No. 582 of 2025 instituted for the offences

                   punishable under Sections 30(a), 30(g), 56(b) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 224 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.866 of 2026(2) dt.19-01-2026
                                            2/3




          the provisions of Bihar Prohibition and Excise Act. The

          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner is in custody since 22.04.2025 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.866 of 2026(2) dt.19-01-2026
                                                       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) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Patna Excise P.S.

                     Case No. 582 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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