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 Sections 21, 22 and
23 of the NDPS Act and under Section 111(1) of the BNS.
3. The case of the prosecution, in short, is that from
the possession of the petitioner along with two co-accused
Shafif Ahmadd and Md. Ashiq, altogether 103 liters cough
syrup containing codeine was recovered.
4. Learned counsel for the petitioner has submitted
that nothing has been recovered from the possession of this
petitioner. From perusal of the seizure list it will transpire that
the witnesses of the seizure list are police personnel and they
have not complied Section 105 of the BNSS while making
Patna High Court CR. MISC. No.14466 of 2026(2) dt.25-02-2026
seizure. It has further been submitted that though police has
stated that cough syrup containing codeine was recovered but
has not mentioned brand name. Without brand name it cannot be
ascertained as to what was the concentration of codeine in the
said cough syrup. Learned counsel for the petitioner has
submitted that the petitioner is having one criminal antecedent
in which he is on bail. It has also been submitted that similar
situated co-accused Md. Shafi Ahmad has been granted bail by
this Court vide Cr. Misc. No. 4819 of 2026. The case of this
petitioner stands on similar footing. Moreover, he is in judicial
custody since 30.11.2025.