IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28889 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- Banma Itahari District- Saharsa ====================================================== Manish Kumar Son of Umesh Yadav Resident of Village - Arraha, Ward No. 8, Police Station - Saur Bazar, District - Saharsa. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rana Hason, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar(App125), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 05-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Banma Itahri P.S. Case No. 20 of 2026 registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from a vehicle, altogether 107.3 liters of wiscof cough syrup containing codeine was recovered. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is the owner of the said vehicle. The petitioner has no concern in any way with the alleged contraband. Nothing has Patna High Court CR. MISC. No.28889 of 2026(2) dt.05-05-2026 2/3 been recovered from his conscious possession. There is no independent witness of the seizure list. Police has not complied section 105 of BNSS while preparing seizure. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 03.02.2026. 5. Learned counsel for the petitioner has further submitted that under Notification No. S.O. 826(E) dated 14.11.1985 under the Narcotic Drugs and Psychotropic Substances Act and Rules, 1985 that 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. 6. In this case, wiscuf Cough syrup containing codeine phosphate has been recovered from a vehicle and the Patna High Court CR. MISC. No.28889 of 2026(2) dt.05-05-2026 3/3 concentration of the codeine in this drug is approximately 0.2% which is less than 2.5% as provided in the above notification. 7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Saharsa in connection with Banma Itahri P.S. Case No. 20 of 2026. lata/- (Ashok Kumar Pandey, J) U T