Jayant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47274 of 2025 Arising Out of PS. Case No.-628 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Jayant Kumar S/O Shambhu Kumar R/O Village- Saidpur, Ward No. 48, P.SKadamkuan, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Vikram, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Excise P.S. Case No.628 of 2025, instituted for the offences punishable under Sections 30(a), 30(g), 32, 56(b) and 62 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 462 litres of Codeine cough syrup and 24 litres of codeine cough syrup recovered from scooty.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern
Patna High Court CR. MISC. No.47274 of 2025(5) dt.15-11-2025 2/3 with the alleged recovery of liquor. Charge-sheet has been submitted in this case. The petitioner is in custody since 01.05.2023 and has 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 petitioner. Learned counsel further submitted that police, after completion of investigation, submitted charge-sheet under Sections 30(a), 30(g), 32, 62 and 56(b) of the Bihar Prohibition and Excise Act and not under the provision of NDPS 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), 30(g), 32, 56(b) and 62 of the 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.
Patna High Court CR. MISC. No.47274 of 2025(5) dt.15-11-2025 3/3
7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Excise P.S. Case No.628 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) manish/- U