Patna High Court
Md. Raheet @ Md. Rahit @ Rahit @ Md. Rahid @ DaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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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