Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87652 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- BANGAWON District- Saharsa ====================================================== Mithilesh Kumar Son of Shankar das R/o Village - Kahara Kutti, P.S. - Saharsa, District - Saharsa.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bangoan PS Case No. 137 of 2025 instituted for the offences under Section/s 30(a) & 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 209 liters codeine cough syrup was recovered from car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.87652 of 2025(3) dt.10-03-2026 2/3 that petitioner is neither the driver nor the owner of the vehicle in question and he has no concern with the same. The petitioner is in custody since 03.09.2025 and has got three criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is contended that charge has been framed in this case under Sections 30(a) & 41 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 Sections 30(a) & 41 of the Excise Act, and charge is also framed 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 the case and the period of custody undergone by the

Patna High Court CR. MISC. No.87652 of 2025(3) dt.10-03-2026 3/3 petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail 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 Bangoan PS Case No. 137 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) Raj Kishore/- U T