IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12368 of 2026 Arising Out of PS. Case No.-212 Year-2025 Thana- R S P.S. District- Araria ======================================================

Razi Ahmad S/O Anwarul Haque R/O Village- Ghat Tol Belwa, Ward No. 08, P.S- Araria, Dist.- Araria.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 18-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with R.S. P.S. Case No. 212 of 2025 registered for the offence punishable under Sections 21, 22 and 23 of NDPS Act and Section 111(1) of BNS.

3. The case of the prosecution is that from the house of this petitioner, altogether 14 liters of 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 case. Learned counsel has further submitted that he has no concern in any way with the alleged contraband. There is no independent witness of the seizure list. Police has not complied section 105 of BNSS while preparing seizure. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 30.11.2025. Learned counsel has also submitted that similarly situated other co-accused person has already been granted bail by this court vide Cr. Misc. No. 4819 of 2026.

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, cough syrup containing codeine phosphate has been recovered from the possession of this petitioner 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 from the possession of the petitioners 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 petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum the Special Judge, NDPS A