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2026 Supreme(Online)(Pat) 4591

PATNA HIGH COURT
RAJESH KUMAR VERMA, J
Mahesh Prasad Kushwaha – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Virendra Kumar
For the Respondents: Mr. Md. Fahimuddin

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the State : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Virendra Kumar, learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

05.09.2025, in connection with Bairgania P.S. Case No. 185 of 2025, F.I.R. dated 05.09.2025 registered for the offences punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act .

3. The case relates to recovery of 18 bottles each 100 ml Onerex Cough Syrup.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. It appears from the F.I.R. that 18 bottles each 100 ml Onerex Cough Syrup was recovered from the possession of the petitioner. He further submits that there is non-compliance of mandatory provisions of N.D.P.S. Act and recovery is less than the commercial quantity and hence there is no embargo under Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail. He further submits that the police after investig

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