IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28311 of 2026 Arising Out of PS. Case No.-69 Year-2024 Thana- JOGBANI District- Araria ====================================================== MANOJ KUMAR MAHTO @ MANOJ KUMAR S/o RAMJATAN MAHTO R/o vill - Indra Nagar, ward no. 10 (Tikuliya Basti), P.s.- Jogbani, Distt.- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwajeet Singh, Advocate Mr. Kundan Kumar Singh, Advocate Mr. Ram Krishna Yadav, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, 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 regular bail in a case registered for the offence punishable under sections 21, 21(a) 22 of the NDPS Act which was earlier rejected vide order dated 10.07.2024 passed in Cr. Misc. No. 43018 of 2024. 3. The case of the prosecution is that the informant got information that the petitioner kept medicines and was indulged in the sale of the same. On this information, he raided the house of the petitioner and recovered Nitzascan-10 186 tablets, Traispas 64 capsules, Tronscan Plus 60 capsules, Pyronix spas 48 capsules, Escuf codeine cough syrup 64 bottles Patna High Court CR. MISC. No.28311 of 2026(2) dt.05-05-2026 2/4 each of 100 ml, Setodyl Codeine cough syrup 10 bottles each of 100 ml were recovered from a sack which was kept in the house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He has been falsely implicated in this case. There is no independent witness of the seizure list rather they are police personnel. Police has not complied Section 105 of BNSS while preparing the seizure list. Learned counsel for the petitioner has further submitted that the quantum of contraband (medicines/capsules) which have been recovered is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 30.03.2024. 5. As far as recovery of certain syrups containing codeine is concerned, in this regard, learned counsel for the petitioner has 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 Patna High Court CR. MISC. No.28311 of 2026(2) dt.05-05-2026 3/4 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, cough Syrups containing codeine have recovered and the concentration of the codeine in these drugs is approximately 0.2% which is less than 2.5% as provided in the above notification. 7. Learned APP appearing for the State has vehemently the application for bail and has submitted that in the case of Hira Singh and Anr. V. Union of India and Anr., the Hon’ble Supreme Court has held that entire non-toxic material which is mixed with the contraband will be considered as the contraband and as such, the quantity which has been recovered from the possession of the petitioners is commercial quantity. 8. In this regard, it is worth mentioning that in view of Section 2(d) of the N.D.P.S. Act, the drug itself is not narcotic drug then there is no jurisdictional basis for the case and the Court would not have a reason to go into the question of quantities. The Central Government has power to issue Patna High Court CR. MISC. No.28311 of 2026(2) dt.05-05-2026 4/4 notification time to time. 9. 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 released on bail in connection with Jogbani P.S. Case No. 69 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned D.A.S.J. (Additional Sessions Judge)-IV, Araria. Shubham/- (Ashok Kumar Pandey, J) U T