Patna High Court
Rajnikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the seized cough syrup does not constitute a narcotic drug under the NDPS Act and therefore granted bail to the petitioner subject to stipulated conditions.
Summary
Petitioner Rajnikant Kumar was arrested on 26 July 2025 in connection with a case involving the seizure of codeine phosphate cough syrup and nitrazepam tablets, alleged to be offences under Section 21(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The defence argued that the codeine concentration in the syrup (approximately 0.2%) is below the 2.5% threshold specified in Central Government Notification S.O. 826(E), and therefore the substance does not fall within the NDPS definition but under the Drugs and Cosmetic Act. The State opposed bail, citing four other pending cases against the petitioner, including one NDPS matter. The Court examined the statutory definition, the concentration issue, and the length of custody, and concluded that the seized product is not covered by the NDPS Act. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the codeine phosphate cough syrup seized, having a concentration of 0.2%, falls within the definition of a narcotic drug under Section 21(C) of the NDPS Act as per Notification S.O. 826(E).
- Whether bail should be granted to the petitioner despite the existence of multiple pending criminal cases, including an NDPS case.
- Whether the petitioner’s criminal antecedents warrant denial or cancellation of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- codeine concentration
- drugs seizure
- Section 21(C)
- S.O. 826(E)
- Drugs and Cosmetic Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16595 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Rajnikant Kumar S/o- Late Yogendra Mahto R/v- Chilara P.S- Sonbarsa
District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brahmaputra Singh Ishu, Advocate
For the State : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Brahmaputra Singh Ishu, learned counsel
for the petitioner and Mr. Uday Chand Prasad, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
26.07.2025, in connection with Sonbarsa P.S. Case No. 223 of
2025, F.I.R. dated 25.07.2025 registered for the offences
punishable under Sections 21(C ) of the N.D.P.S. Act.
3. The case relates to recovery of 50 bottles each of
100 ml. total 05 litres codeine phosphate Cough Syrup and 1150
tablets of NITRAZEPAM-IP.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has not committed any offence as
alleged in the F.I.R. He further submits that the Central
Government has issued Notification No. S.O. 826(E) dated
14.11.1985 which is given hereunder:-
Patna High Court CR. MISC. No.16595 of 2026(2) dt.16-03-2026
2/4
“S.O. 826(E). - In Exercise of the
powers conferred by sub-clause (b) of
clause (xi) of section 2 of the Narcotic
Drugs and Psychotropic Substances Act,
1985 (61 of 1985), the Central
Government hereby declares the
following narcotic substances and
preparations to be manufactured drugs,
namely :-
xxxx
35. Methyl morphine (commonly known
as ‘Codeine’) and Ethyle morphine and
their salts (including Dionine), all
dilutions and preparations except those
which are compounded with one or more
other ingredients and containing not more
than 100 miligrams of the drug per
dosage unit, and with a concentration of
not more than 2.5% in undivided
preparations and which have been
established in Therapeutic practice.
xxx”
Patna High Court CR. MISC. No.16595 of 2026(2) dt.16-03-2026
3/4
5. In this case, Codeine phosphate 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 so the present case does not fall under the
N.D.P.S. Act which falls under the Drugs and Cosmetic Act and
the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 26.07.2025.
6. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries four more cases
other than the present one and out of four cases one case
pertaining to N.D.P.S. matter but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
7. Considering the facts and circumstances of the case
as well as period of custody, let the petitioner, above named, be
released 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 Special Judge, Sitamarhi in connection
with Sonbarsa P.S. Case No. 223 of 2025, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.16595 of 2026(2) dt.16-03-2026
4/4
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…