Patna High Court
Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
Mithilesh Kumar was arrested in connection with a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for the alleged recovery of 209 litres of codeine cough syrup from a vehicle. The petitioner contended that he was neither the driver nor the owner of the vehicle, that no incriminating material was found in his personal possession, and that he was falsely implicated, despite having three prior criminal antecedents. The State opposed bail, relying on a 2016 Gazette notification that treats codeine as an intoxicant under the Act and argued that the charge warranted continued custody. The Court observed that the NDPS Act was not applicable, noted the lack of compliance with Section 103 of the BNSS, 2023, and considered the period of custody already served. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
- Whether the NDNDPS Act is applicable to the offence.
- Whether the petitioner complied with Section 103 of the BNSS, 2023.
Legislation cited
Subjects
- bail
- prohibition and excise
- codeine
- intoxicant
- criminal antecedent
- NDPS Act
- Section 103 BNSS
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87652 of 2025
Arising Out of PS. Case No.-137 Year-2025 Thana- BANGAWON District- Saharsa
======================================================
Mithilesh Kumar Son of Shankar das R/o Village - Kahara Kutti, P.S. -
Saharsa, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bangoan PS Case No. 137 of 2025 instituted for the offences
under Section/s 30(a) & 41 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 209 liters
codeine cough syrup was recovered from car.
4. Learned counsel for the petitioner submits that the
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. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.87652 of 2025(3) dt.10-03-2026
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that petitioner is neither the driver nor the owner of the vehicle
in question and he has no concern with the same. The petitioner
is in custody since 03.09.2025 and has got three criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. It is
contended that charge has been framed in this case under
Sections 30(a) & 41 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 Sections 30(a) & 41 of
the Excise Act, and charge is also framed 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 the case and the period of custody undergone by the
Patna High Court CR. MISC. No.87652 of 2025(3) dt.10-03-2026
3/3
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 Bangoan PS Case
No. 137 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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