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Patna High Court

Md. Raheet @ Md. Rahit @ Rahit @ Md. Rahid @ DaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Md. Raheet and Md. Sajid, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 28.5 litres of codeine cough syrup. They contended that they were falsely implicated, that no incriminating article was found in their possession, and that they have 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 does not apply, noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and considered the length of custody already served. Consequently, the court granted bail to both petitioners on a bond of Rs. 15,000 each with two sureties, subject to conditions regarding family surety, regular court appearances, and non‑tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the NDPS Act is applicable to the present case.
  • Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • codeine
  • intoxicants
  • false implication
  • criminal procedure
  • Section 103
  • NDPS Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89212 of 2025
                         Arising Out of PS. Case No.-417 Year-2025 Thana- PALASI District- Araria
                 ======================================================
           1.     Md. Raheet @ Md. Rahit @ Rahit @ Md. Rahid @ Dani Son of Late
                  Asharaf R/o Village - Denga, Ward No. 13, P.S.-Palasi, District - Araria.
           2.    Sajid @ Md. Sajid Son of Md. Rahit @ Rahit @ Md. Rahid @ Dani @ Md.
                 Raheet R/o Village - Denga, Ward No. 13, P.S.-Palasi, District - Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :        Mr. Vinod Shanker Modi, 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 Palasi

                   P.S. Case No. 417 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 28.500

                   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

                   that police after investigation have submitted charge-sheet under
Patna High Court CR. MISC. No.89212 of 2025(4) dt.31-01-2026
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          the provisions of Bihar Prohibition and Excise Act. The

          petitioners have got no concern with the alleged recovery of

          liquor. The petitioners are in custody since 19.10.2025 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.

                     7. Considering the aforesaid facts and circumstances of
           Patna High Court CR. MISC. No.89212 of 2025(4) dt.31-01-2026
                                                       3/3




                     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 Palasi P.S. Case No.

                     417 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.

                                  (III) If the petitioners tamper with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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