IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25706 of 2026 Arising Out of PS. Case No.-68 Year-2025 Thana- ANGARGHAT District- Samastipur ====================================================== Soni Kumari, D/o Mahendra Ram @ Mahindra Ram, Resident of Village- Dhamsaini, Ward No. 10/46 P.S.- Saharsa Sadar, District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha, Advocate For the Opposite Party/s : Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 01-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has renewed her prayer for grant of regular bail in connection with Angarghat P.S. Case No. 68 of 2025 registered for the offence punishable under Section 28, 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act and Sections 8, 21(c) and 22(b) of the N.D.P.S. Act which was earlier rejected by learned Co-ordinate Bench of this Court vide order dated 15.11.2025 passed in Cr. Misc. No. 60645 of 2025. 3. The case of the prosecution, in short, is that total 97.4 liters of Wiscodin Cough Syrup containing codeine was recovered from a Swift Dzire Car. There were three persons in the car. One was the driver and remaining two were lady passengers. Patna High Court CR. MISC. No.25706 of 2026(2) dt.01-05-2026 2/4 4. Learned counsel for the petitioner has submitted that petitioner is having no criminal antecedent and she is languishing in judicial custody since 19.06.2025. It has further been submitted that similarly situated co-accused Arpana Kumari has already been granted bail by learned Co-ordinate Bench of this Court vide order dated 04.02.2026 passed in Cr. Misc. No. 65286 of 2025. The case of this petitioner stands on similar footing. 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. Patna High Court CR. MISC. No.25706 of 2026(2) dt.01-05-2026 3/4 6. In this case, Wiscodin Cough Syrup has been recovered from a car 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. 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 form the possession of this petitioner 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 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties Patna High Court CR. MISC. No.25706 of 2026(2) dt.01-05-2026 4/4 of the like amount each to the satisfaction of the learned Principal District and Sessions Judge, Samastipur in connection with Angarghat P.S. Case No. 68 of 2025. lata/- (Ashok Kumar Pandey, J) U T