IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21793 of 2026 Arising Out of PS. Case No.-111 Year-2025 Thana- GAIGHAT District- Muzaffarpur ====================================================== Md. Absar Alam @ Absar Alam @ Md. Absar S/o Md. Kasim R/o vill - Chakrdah, ward no. 8, P.s.- Araria, Distt.- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Rajdeep, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 06-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Gaighat P.S. Case No. 111 of 2025 registered for the offence punishable under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act which was earlier rejected by the learned co-ordinate Bench of this Court vide Cr. Misc. No. 45226 of 2025. 3. The case of the prosecution is that from a swift dzire car, altogether, 227.5 liters of Eskuf 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 Patna High Court CR. MISC. No.21793 of 2026(2) dt.06-04-2026 2/3 case. In this case, now the charge sheet has been filed by the police. Moreover, the petitioner is languishing in judicial custody since 22.04.2025. 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, Eskuf Cough syrup containing codeine 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 for the State has vehemently opposed Patna High Court CR. MISC. No.21793 of 2026(2) dt.06-04-2026 3/3 the prayer for bail and has submitted that petitioner is having three criminal antecedents. 8. 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 Special Excise Judge-III, Muzaffarpur in connection with Gaighat P.S. Case No. 111 of 2025. shubham/- (Ashok Kumar Pandey, J) U T