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Patna High Court

Baijanta Kumar @ Baijnata kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.90666 of 2025(3) dt.24-02-2026
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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
Patna High Court CR. MISC. No.90666 of 2025(3) dt.24-02-2026
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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
           Patna High Court CR. MISC. No.90666 of 2025(3) dt.24-02-2026
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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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