Sunny Kumar @ Sunny Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.866 of 2026 Arising Out of PS. Case No.-582 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Sunny Kumar @ Sunny Prasad Son of Amresh Kumar Resident of Village - Saidpur Khatal Gali, P.S.- Kadamkuan, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patna Excise P.S. Case No. 582 of 2025 instituted for the offences punishable under Sections 30(a), 30(g), 56(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 224 litres codeine cough syrup has been recovered in this case.

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. Learned counsel further submitted that police after investigation have submitted charge-sheet under

Patna High Court CR. MISC. No.866 of 2026(2) dt.19-01-2026 2/3 the provisions of Bihar Prohibition and Excise Act. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 22.04.2025 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 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

Patna High Court CR. MISC. No.866 of 2026(2) dt.19-01-2026 3/3 the case as also 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 on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patna Excise P.S. Case No. 582 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T