IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73890 of 2025 Arising Out of PS. Case No.-215 Year-2025 Thana- ARARIA District- Araria ====================================================== Abu Basar @ Md. Basar S/o Late Mujibur Rahman R/o Village- Mirja Bhag, Ward No. 3, Araria, P.S. and District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kr. Thakur, Advocate Mr. Ritwaj Raman, Advocate Mr. Deepak Kumar, Advocate Mrs. Somali Acharya, Advocate Mr. Purushottam Kumar, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 8 27-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with N.D.P.S Case No. 157 of 2025 arising out of Araria P.S. Case No. 215 of 2025 registered for the offences punishable under Sections 8, 21, 22 of the N.D.P.S. Act as well as Section 111 of the I.P.C. 3. As per the prosecution case, upon a secret information, the house of this petitioner was raided in the presence of a Magistrate. It has been alleged that during course of search one maruti car, one e-rickshaw and in a secret chamber built inside the house altogether 75 bottles, 150 bottles and 3900 bottles respectively of codeine containing cough syrup was recovered. Patna High Court CR. MISC. No.73890 of 2025(8) dt.27-04-2026 2/5 4(i). Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation is false. Moreover, this Court previously by order dated 19.02.2026, considered as follows:- “Heard learned counsel for the petitioner and learned APP for the State. 2. Learned counsel for the petitioner submits that other grounds that as per the gazette Notification besides No.S.O. 826 (E) dated 14.11.1985 under the Narcotic Drugs and Psychotropic Substances Act and Rules, 1985, the preparations are exempted as manufactured drugs provided the preparations contained the narcotic drugs to the extent permitted in respect of codeine under Entry No.35, It is stated that codeine and ethyle morphine and their salts including dionine all dilutions and preparations are considered to be manufactured drugs except those which are compounded with one or more other ingredients and containing not more than 100 miligrams of the drugs per doses unit and with a concentration of not more than 2.5% in undivided preparations and which have been established in therapeutic practice. Thus, in absence of the same, on this ground alone, the petitioner should be allowed bail. Patna High Court CR. MISC. No.73890 of 2025(8) dt.27-04-2026 3/5 3. A counter affidavit has been filed on behalf of the State in response to the bail petition but the same is silent on the aforesaid fact. Learned APP for the State is directed to file a supplementary counter affidavit to respond to the issue raised on behalf of the petitioner with regard to the gazette notification as aforesaid. Learned counsel for the State is directed to serve an advance copy of the counter affidavit upon the learned counsel for the petitioner. 4. Relist on 12.03.2026.” 4. (ii) Subsequently, by order dated 06.04.2026, petitioner was directed to file a supplementary affidavit. Pursuant to which a supplementary affidavit has been filed by which Central Government notification No. S.O. 826 (E) dated 14.11.1985 has been brought on record and the same reads as under:- “S.O. 826 (E).- In Exercise of the powers conferred by sub-clause (b) of clause (xi) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby declares the following narcotic substances and preparations to be manufactured drugs, namely:- xxxx 35. Methyl morphine (commonly known as ‘Codeine’) and Ethyle morhpine and their salts (including Dionine), all dilutions and preparations except those Patna High Court CR. MISC. No.73890 of 2025(8) dt.27-04-2026 4/5 which are compounded with one or more other ingredients and containing not more than 100 miligrams of the drug per dosage unit, and with a concentration of not more than 2.5 % in undivided preparations and which have been established in Therapeutic practice. xxx.” 4. (iii) Learned counsel for the petitioner has also drawn the attention of this Court to various orders passed by this Court vide Annexures P-3, P-4 and P-7 by which the accused persons having extended the privilege of bail upon the basis of aforesaid notification. Moreover, it has been submitted that the amount of codeine recovered is to the extent of 0.2 per cent and the calculation with respect to actual amount of codeine has been mentioned in paragraph 18 and referring to that it has been stated that the amount of codeine recovered from the entire consignment is 206.250 gram which is an intermediary quantity and much less than the commercial quantity. Learned counsel for the petitioner has referred to order dated 17.03.2026 passed in Cr. Misc. No. 17746 of 2026 as annexed as Annexure-P-3 to the supplementary affidavit wherein the same cough syrup recovered and the quantity so calculated to the extent of 0.2 per cent has been considered. Learned counsel for the petitioner has further submitted that the petitioner is in custody since 28.05.2025 and although he is accused in four other cases but not of similar nature as they all relates to Excise Act and under Section 379 of the Patna High Court CR. MISC. No.73890 of 2025(8) dt.27-04-2026 5/5 I.P.C. 5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner. 6. Heard the parties and perused the record, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge- 4th, Araria in connection with N.D.P.S. Case No. 157 of 2025 arising out of Araria P.S. Case No. 215 of 2025. 7. The application stands allowed. vashudha/- (Praveen Kumar, J) U T