Patna High Court
Baijanta Kumar @ Baijnata kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to bond and conditions, holding that the NDPS Act does not apply and bail is appropriate under the Bihar Prohibition and Excise Act.
Summary
The petitioners, Baijanta Kumar and Chandan Kumar, were arrested in connection with an Excise case alleging possession of 690 litres of codeine cough syrup, charged under Sections 30(a), 30(F) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, no incriminating article was found on them, they have no prior record and have been in custody since 14‑11‑2025, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not met. 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, considering the circumstances and length of custody, decided to grant bail subject to a bond of Rs.15,000 with two sureties and several conditions. The bail order was directed to be executed by the trial court, with provision for cancellation on breach of conditions.
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 compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, is a prerequisite for granting bail.
Legislation cited
Subjects
- bail
- excise law
- codeine
- intoxicants
- Bihar Prohibition and Excise Act
- criminal procedure
- false implication
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90666 of 2025
Arising Out of PS. Case No.-496 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
1. Baijanta Kumar @ Baijnata kumar S/o Suresh Rai R/o Village- Rustampur,
ward no. 12, PS- Rustampur, Distt.- Vaishali
2. Chandan Kumar S/o Dablu Choudhary R/o vill - Kalyanpur, ward no. 4,
P.S.- Athmalgola, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Paswan, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State. Perused the case diary.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 496 of 2025 instituted for the offences punishable
under Sections 30(a), 30(F), 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 690 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
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that police, after completion of investigation, have submitted
charge-sheet under 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
14.11.2025 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
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neither attracted nor applicable to the present case.
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, after
framing of charge, if not already framed, 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 Excise P.S. Case No.
496 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or a
close family member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioners shall not commit any offence of a
similar nature in future.
(V) The petitioners shall not leave the territorial
jurisdiction of the learned court below without prior permission
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of the court concerned.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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