IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19254 of 2026 Arising Out of PS. Case No.-28 Year-2026 Thana- BHELDI District- Saran ====================================================== Manish Kumar S/o Bhola Bhagat Resident of Village- Koreyan, P.S.- Bheldi, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Eashita Raj, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 07-05-2026 Heard Ms. Eashita Raj, learned counsel for the petitioner and Mr. Navin Kumar Pandey, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 20.01.2026 in Bheldi P.S. Case No. 28 of 2026, F.I.R. dated 20.01.2026 for the offences punishable under Sections 21 (b)of the Narcotic Drugs & Psychotropic Substance Act, 1985. 3. Recovery is of 25 liters of Codeine Syrup. 4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR that 250 bottles of 100 ml each of ESKUF Cough Syrup, which is CODEINE PHOSPHATE & TRIPROLIDINE HYDROCHLORIDE SYRUP has been recovered from the Patna High Court CR. MISC. No.19254 of 2026(3) dt.07-05-2026 2/4 house of the petitioner. 5. Learned counsel for the petitioner submits that the Central Government has issued Notification No. S.O. 826(E) dated 14.11.1985 which is given hereunder:- “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 morphine and their salts (including Dionine), all dilutions and preparations except those 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 Patna High Court CR. MISC. No.19254 of 2026(3) dt.07-05-2026 3/4 established in Therapeutic practice. xxx” 6. In this case, Codeine phosphate cough syrup has been recovered and the concentration of the codeine in this drug is approximately 0.2% which is less than 2.5% as provided in the above notification so the present case does not fall under the N.D.P.S. Act which falls under the Drugs and Cosmetic Act. Learned counsel for the petitoner next submits that similarly situated co-accused person, namely, Varun Kumar has been granted privilege of bail by this Court vide order 17.03.2026 in Cr. Misc. No. 17746 of 2026 and the petitioner is in custody since 20.01.2026. 7. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter. 8. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Patna High Court CR. MISC. No.19254 of 2026(3) dt.07-05-2026 4/4 Judge, Saran in connection with Bheldi P.S. Case No. 28 of 2026, with the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T