Created by Fuzzy Cloud

Patna High Court

Rajnikant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.