Patna High Court – Orders
Roushan Kumar vs The State Of Bihar on 27 May, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26086 of 2026
Arising Out of PS. Case No.-891 Year-2025 Thana- SHASTRINAGAR District- Patna
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Roushan Kumar S/o Late Dashrath Rai Resident of Village- Nalkup Bhawan,
AG Colony, P.S.- Shastri Nagar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 29318 of 2026
Arising Out of PS. Case No.-891 Year-2025 Thana- SHASTRINAGAR District- Patna
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Aman Raj S/O Anjan Kumar Singh R/O Ward No.- 4, Sant Nagar, P.S-
Saharsa Sadar, District- Saharsa at present , 90 feet, A G Colony, P.S- Sastri
Nagar, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 29647 of 2026
Arising Out of PS. Case No.-891 Year-2025 Thana- SHASTRINAGAR District- Patna
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Rishu Kumar son of Late Dashrath Rai Resident of C/o House of Vijay Singh
Nalkup Bhawan, A. G. colony, Ps- Shastri nagar, Dist- Patna, P/A- Sadikpur
Bagicha, Ps- maner, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 26086 of 2026)
For the Petitioner/s : Mrs. Priyanka Singh, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 29318 of 2026)
For the Petitioner/s : Mr. Sunil Kumar
For the Opposite Party/s : Mr .Chandra Bhushan Prasad
(In CRIMINAL MISCELLANEOUS No. 29647 of 2026)
For the Petitioner/s : Mr .Sunil Kumar
For the Opposite Party/s : Mr .Aditya Narayan Singh.1
Patna High Court CR. MISC. No.26086 of 2026(4) dt.27-05-2026
2/5
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 27-05-2026
Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners have prayed for bail in connection with
Shastri Nagar P.S. Case No. 891 of 2025 registered for the
offence punishable under Sections 8(c), 21(b), 21(c), 25 and 29
of the N.D.P.S. Act.
3. The case of the prosecution in short is that from a
vehicle, altogether 4152 litres of Codeine based cough syrup
and 7200 tablets of Nitrazepam were 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.
Nothing has been recovered from their possession. Learned
counsel for the petitioners has submitted that from perusal of the
seizure list, it will transpire that the seizure witnesses are not
independent witness rather they are police personnel. Police has
also not followed the provision of Section 105 of B.N.S.S. while
making seizure. Petitioner-Roushan Kumar has no criminal
antecedent, petitioner-Aman Raj has one criminal antecedent
and petitioner-Rishu Kumar has two criminal antecedents and
they are languishing in judicial custody since 01.12.2025.
Patna High Court CR. MISC. No.26086 of 2026(4) dt.27-05-2026
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5. Learned counsel for the petitioners 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, Codeine based Cough Syrup has been
recovered from a vehicle 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. The seized quantity of
Nitrazepam tablets is also intermediate in nature.
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
Patna High Court CR. MISC. No.26086 of 2026(4) dt.27-05-2026
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mixed with the contraband will be considered as the contraband
and as such, the quantity which has been recovered form the
possession of this petitioner 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 petitioners 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) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Spl. (N.D.P.S. Act) No. II, Patna in connection with
Shastri Nagar P.S. Case No. 891 of 2025.
10. Before parting the court feels the need to record it is
very strange that the cases where cough syrups containing
codeine are recovered, the police is invariably filing cases under
N.D.P.S. Act whereas in view of the notification of Central
Government (supra) concentration of codeine being less than
Patna High Court CR. MISC. No.26086 of 2026(4) dt.27-05-2026
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2.5%, the quantity does not come under the ambit of
contraband. Cough syrup containing codeine is only a schedule-
H drug for which, the shopkeeper has to maintain register and
he must be a licensed one. Such type of cases should be filed
under Drugs and Cosmetic Act. It is only the violation of Drugs
and Cosmetic Act whereas, police is invariably misusing the
procedure.
(Ansul, J)
Siddharth Soni/-
U T
