IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28746 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- ARARIA District- Araria ====================================================== Md. Aslam Son of Jafar Ahamad Resident of Ward No 13, kali Bazar, Chamra Godam, PS- Araria, District- Araria ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dheeraj Kumar, Adv. For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 3 13-05-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Araia P.S. Case No. 55 of 2026 registered for the offences punishable under Sections 21(c) of the N.D.P.S. Act. 3. The allegation is that 2175 bottles 100ml each of codeine phosphate and triprolidine hydrochloride cough syrup was recovered. 4. Learned counsel for the petitioner submits that he is owner of the vehicle in question. The petitioner has got six criminal antecedent and he is on bail on all the cases. 5. Learned counsel for the petitioner submitted that under Notification S.O. 826(E) dated 14/11/1985, preparation Patna High Court CR. MISC. No.28746 of 2026(3) dt.13-05-2026 2/3 are exempted as Manufactured Drugs provided the preparation contained the Narcotics Drugs to the extent permitted in respect of codeine under Entry No. 35. Codeine and Ethyle Morphine and their salts including dionine all dilution and preparation are considered to be manufactured drugs except those which are compounded with one or more other ingredients and containing not more that 100 ml. of the drugs per dose unit and with the concentration of not more than 2.5 percent in undivided preparations and which have been established in therapeutic practice. 5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Recently the Hon'ble Court while dealing these matters in Cr. Misc. No. 20517 of 2026 held that in view of notification of the Central Govt, as stated above concentration of codeine being less than 2.5 percent, the quantity does not come under the ambit of contraband. Cough syrup containing codeine is only a schedule H drug for which the shopkeeper has to maintain register and must be a licensee one. The Hon'ble Court has held that such type of cases should be filed under Drugs and Cosmetics Act as it is only the violation of Drugs and Cosmetics Act. Thus, this court is inclined to grant anticipatory bail to the petitioner. Patna High Court CR. MISC. No.28746 of 2026(3) dt.13-05-2026 3/3 7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 the learned Principal District & Sessions Judge, Araria in connection with Araia P.S. Case No. 55 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. 8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner. abhishekkr/- (Ansul, J) U T