Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
Manoj Yadav was arrested in connection with a case registered on 21 March 2025 for possession of 10.875 litres of illicit foreign liquor and 128 bottles of codeine‑containing cough syrup. The seizure yielded about 1.15872 g of codeine, which the petitioner argued was below the threshold exempted under the NDPS Act’s notification. He contended that the search and seizure complied with the provisions of the Bihar Narcotic Substances (Control) Rules and that he had no prior criminal record. The State opposed bail, citing the nature of the offences. After hearing both sides, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties, subject to a condition that bail may be cancelled if he commits a similar offence.
Issues considered
- Whether regular bail should be granted to the accused in offences under the Bihar Prohibition and Excise Amendment Act and the NDPS Act given the quantities seized
- Whether the quantity of codeine recovered falls within the exemption prescribed under the NDPS Act notification
- Whether the search and seizure were conducted in accordance with the applicable statutory provisions
Legislation cited
Subjects
- regular bail
- Narcotic Drugs and Psychotropic Substances Act
- codeine exemption
- Bihar Prohibition and Excise Amendment Act
- search and seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14055 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
Manoj Yadav S/o Dhanik Yadav R/o Village- Parbatta, Ward No 14, P.S
-Parbatta, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Pandey, Advocate
Mr. Priyanka Singh, Advocate
Mr. Harsh Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Parbatta P.S. Case No.
102 of 2025 dated 21.03.2025 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act and Section 21(c) of the N.D.P.S. Act.
3. As per the allegation, altogether 10.875 litres of
illicit foreign liquor and 128 bottles of codeine containing cough
syrup have been recovered from the house of this petitioner
4. Learned counsel for the petitioner submits that as
per report of the Government Analyst Bihar Drugs Control
Laboratory, Patna about 9.656 miligrams of codeine phosphate
Patna High Court CR. MISC. No.14055 of 2026(3) dt.30-04-2026
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was found in 100 ML of each bottle recovered and calculating
the same the amount of codeine recovered would be 1.15872
grams of codeine in total quantity recovered which is much less
than the small quantity of codeine recovered. Moreover, learned
counsel for the petitioner has submitted that the search and
seizure has been prepared as per the provisions of 105 B.N.S.S.
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. It has further been
submitted that petitioner was not present at the spot at the time
of seizure and the petitioner is in custody since 11.09.2025
having no criminal antecedent.
Patna High Court CR. MISC. No.14055 of 2026(3) dt.30-04-2026
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5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Khagaria in connection with Parbatta
P.S. Case No. 102 of 2025, with a condition:-
(i) If the petitioner gets involved in similar nature of
offence in future, the prosecution would be at liberty to file
appropriate application for cancellation of his bail bonds.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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