IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87954 of 2025 Arising Out of PS. Case No.-887 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ======================================================

1. Vikash Kumar, S/o Vonod Sharma @ Binod Singh, Resident of Village-

Pathua, PS- Saharsa, District - Saharsa, at present address R/o vill - Kandar, ward no. 13, P.S.- Gaurichak, Distt.- Patna

2. Kundan Kumar, S/o Chotan Sharma, R/o vill- Kashtola (Kast Tola), ward no. 33, P.S.- Saharsa, Distt.- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

4 18-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Ram Krishna Nagar P.S. Case No. 887 of 2025 registered for the offence punishable under Sections 8(c)/21(c), 25 and 29 of the N.D.P.S. Act.

3. The case of the prosecution is that from the white colour scorpio vehicle, altogether 360 bottles each of 100 ml wiscof cough syrup containing codeine was recovered. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. They have no concern in any way with the alleged contraband rather they are standing nearby and from their possession only a mobile was recovered. Moreover, they are languishing in judicial custody since 18.10.2025. It has also been submitted that similarly situated co-accused persons have been granted bail by this Court vide Cr. Misc. No. 87207 of

2025. The case these petitioners stands on similar footing.

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.

6. In this case, wiscof 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 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 l