Ajay Kumar ThakurversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1103 of 2026
                     Arising Out of PS. Case No.-158 Year-2025 Thana- LAUKAHA District- Madhubani
                 ======================================================
                 Ajay Kumar Thakur S/O Rajeshwar Thakur R/O Village- Karmegh Laukaha,
                 P.S- Laukaha, P.S- Laukaha, District - Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                      Heard Mr. Sanjay Kumar Jha, learned                      senior

                   counsel for the petitioner and Mr. Bharat Bhushan, learned APP

                   for the State.

                                2. The petitioner has prayed for bail in connection

                   with Laukaha P.S. Case No. 158 of 2025 registered for the

                   offence punishable under Sections 27(b)(ii)/28 of Drugs and

                   Cosmetic Act and Sections 20/21/22 of the NDPS Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of this petitioner and one another altogether 20

                   bottles of Codeine cough syrup (Onerex and Wixdin) and 43

                   capsules of Spasmo Proxyvon Plus were recovered from two

                   yellow sacks.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.1103 of 2026(2) dt.05-02-2026
                                            2/4




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that nothing has

          been recovered from the possession of this petitioner. The

          witness of the seizure list are police personnel and the police

          have not complied with Section 105 of the BNSS while making

          the seizure. He further submits that a statement has been made

          in para 3 of the petition that petitioner has no criminal

          antecedent and he is languishing in judicial custody since

          21.09.2025.

                       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.
Patna High Court CR. MISC. No.1103 of 2026(2) dt.05-02-2026
                                            3/4




                       6. In this case, Onerex Cough Syrup has been

          recovered from the possession of the petitioner and the

          concentration of the codeine in this drug 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

          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 petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.1103 of 2026(2) dt.05-02-2026
                                                       4/4




                     of the like amount each to the satisfaction of the learned

                     Principal Sessions Judge, Madhubani in connection with

                     Laukaha P.S. Case No. 158 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T