IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14055 of 2026 Arising Out of PS. Case No.-102 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Manoj Yadav S/o Dhanik Yadav R/o Village- Parbatta, Ward No 14, P.S -Parbatta, District- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aditya Pandey, Advocate Mr. Priyanka Singh, Advocate Mr. Harsh Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 3 30-04-2026 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 Parbatta P.S. Case No. 102 of 2025 dated 21.03.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act and Section 21(c) of the N.D.P.S. Act. 3. As per the allegation, altogether 10.875 litres of illicit foreign liquor and 128 bottles of codeine containing cough syrup have been recovered from the house of this petitioner 4. Learned counsel for the petitioner submits that as per report of the Government Analyst Bihar Drugs Control Laboratory, Patna about 9.656 miligrams of codeine phosphate Patna High Court CR. MISC. No.14055 of 2026(3) dt.30-04-2026 2/3 was found in 100 ML of each bottle recovered and calculating the same the amount of codeine recovered would be 1.15872 grams of codeine in total quantity recovered which is much less than the small quantity of codeine recovered. Moreover, learned counsel for the petitioner has submitted that the search and seizure has been prepared as per the provisions of 105 B.N.S.S. 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. It has further been submitted that petitioner was not present at the spot at the time of seizure and the petitioner is in custody since 11.09.2025 having no criminal antecedent. Patna High Court CR. MISC. No.14055 of 2026(3) dt.30-04-2026 3/3 5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner. 6. Heard the parties and perused the record, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Parbatta P.S. Case No. 102 of 2025, with a condition:- (i) If the petitioner gets involved in similar nature of offence in future, the prosecution would be at liberty to file appropriate application for cancellation of his bail bonds. 7. The application stands allowed. shivam/- (Praveen Kumar, J) U T