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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4194 of 2026

Arising Out of PS. Case No.-102 Year-2021 Thana- SONBERSA District- Sitamarhi

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Rajesh Kumar S/o Shivji Mahto R/o Village - Jai Nagar, PS - Sonebarsa,

District - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate

Ms. Divya Bhat, Advocate

For the Opposite Party/s : Mr. Umesh Lal Verma, APP

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL ORDER

2 30-01-2026 Heard Mr. Pushpendra Kumar Singh, learned

counsel for the petitioner and Mr. Umesh Lal Verma, learned

Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

21.08.2025 in connection with Sonebarsa P.S. Case No. 102 of

2021, F.I.R. dated 14.04.2021 for the offences punishable under

Section 21(b) of the N.D.P.S. Act.

3. Recovery is of 120 pieces of intoxicated cough

syrup.

4. Learned counsel for the petitioner submits that

petitioner has clean antecedent and he has falsely been

implicated in the present case. It appears from the F.I.R that no

incriminating article has been recovered from the possession of

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the petitioner rather 120 pieces of intoxicated syrup were

recovered from the house of the petitioner. He further submits

that as per the notification dated 14.11.1985 Central

Government has issued the Corex cough syrup which has been

recovered has concentration of codeine is approximately 0.2%

which is less than 2.5% as provided in the above notification.

Hence, the drug is under the permissible limit, so no case is

made out under the NDPS Act. He further submits that the

police after investigation submitted the charge sheet against the

petitioner. The petitioner is in custody since 21.08.2025.

5. Learned Additional Public Prosecutor has

vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances

that the petitioner has clean antecedent and the drug contained

in the syrup is less than the prescribed limit, let the petitioner,

above named, be released on bail on furnishing bail bond of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount

each to the satisfaction of the learned Special Judge, Sitamarhi

in connection with Sonebarsa P.S. Case No.102 of 2021, subject

to the following conditions:-

i. Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the court

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and shall remain physically present as directed by the court

and on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to

move for cancellation of bail.

iii. And further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at

any stage it is found that the petitioner has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)

Vanisha/-

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