IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12580 of 2026 Arising Out of PS. Case No.-934 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== Saurav Kumar S/o Surendra Mehta R/o Village - Kalhua, P.S - Shankar pur, District - Madhepura ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bindeshwar Prasad Singh For the Opposite Party/s : Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 08-04-2026 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 section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. The case of the prosecution, in brief, is that near a pond altogether 1,175 bottles (100 ml each) of Wiscodin Cough Syrup were recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR itself, it is clear that the alleged recovery was made from the bank of the pond and nothing has been recovered from the conscious possession of this petitioner. Patna High Court CR. MISC. No.12580 of 2026(3) dt.08-04-2026 2/3 It is further submitted that the petitioner is merely standing at the place of occurrence. It is further submitted that all the witnesses of the seizure list are police personnel only and no independent witnesses have been associated with the seizure. It is also submitted that the police have not complied with the mandatory provisions of Section 105 of the BNSS as well as Section 50 of the NDPS Act at the time of seizure. Moreover, the petitioner is languishing in judicial custody since 15.12.2025 having no criminal antecedent. 5. 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 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.12580 of 2026(3) dt.08-04-2026 3/3 6. In this case, wiscodin cough Syrup has been recovered 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 opposed the prayer of regular bail. 8. Considering the aforesaid 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 Agamkuan P.S. Case No. 934 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City. Jagdish/- (Ashok Kumar Pandey, J) U T