Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to bond and conditions.
Summary
Satish Kumar and Akash Kumar were arrested in connection with a case alleging possession of 980 litres of codeine cough syrup, charged under Sections 30(a), 30(f), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act. The petitioners contended that no incriminating article was found on them, they were falsely implicated, have no prior record and that the police failed to comply 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 same Act, and argued that the charge‑sheet was properly filed. The Court observed that the NDPS Act was not attracted, and that the circumstances, including the length of custody, warranted relief. Accordingly, the Court granted bail on a bond of Rs.15,000 each with two sureties, subject to conditions of family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of codeine cough syrup.
- Whether the provisions of the NDPS Act are applicable to the present case.
- Whether the police complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and its impact on bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- codeine
- intoxicants
- criminal procedure
- false implication
- NDPS Act
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87321 of 2025
Arising Out of PS. Case No.-179 Year-2025 Thana- Lakho District- Begusarai
======================================================
1. Satish Kumar S/O Natho Ray @ Nathu Ray R/O Chandpur Ward no. 4, P.S.-
Raghopur, Dist.- Vaishali, Bihar
2. Akash Kumar S/O late Dinesh Paswan R/O Chaknoor (Chandpur),Ward no.
10, P.S.- Nagar, Dist.- Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Anurag, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 31-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Lakho
P.S. Case No. 179 of 2025 instituted for the offences punishable
under Sections 30(a), 30(f), 32(ii), 41(i) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 980 litres
codeine cough syrup has been recovered in this case.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.87321 of 2025(4) dt.31-01-2026
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that police after investigation have submitted charge-sheet under
the provisions of Bihar Prohibition and Excise Act. The
petitioners have got no concern with the alleged recovery. The
petitioners are in custody since 22.08.2025 and have 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 petitioners. 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.
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3/3
7. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
8. Let the petitioners 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 Lakho P.S. Case No.
179 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners 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 petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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