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Patna High Court

Varun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the seized cough syrup does not fall under the NDPS Act and consequently granted bail to the petitioner.

Summary

Varun Kumar was arrested on 20 January 2026 for alleged possession and sale of 250 bottles of codeine‑phosphate cough syrup, alleged to be a contravention of Section 21(b) of the NDPS Act. The petitioner argued that the syrup contained only 0.2% codeine, which is below the 2.5% threshold specified in Central Government Notification S.O. 826(E), and therefore the seizure does not fall within the NDPS regime but under the Drugs and Cosmetics Act. He also highlighted his clean antecedent. The State opposed bail. The Court examined the statutory definition and the concentration of the drug, concluded that the substance does not attract NDPS provisions, and, considering the petitioner’s clean record, ordered his release on bail with standard conditions. The bail bond was set at Rs.10,000 with two sureties and conditions for appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether the codeine‑phosphate cough syrup seized, containing 0.2% codeine, falls within the definition of a narcotic drug under Section 21(b) of the NDPS Act.
  • Whether the petitioner is entitled to bail pending trial.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine concentration
  • drug possession
  • clean antecedent
  • notification S.O. 826(E)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17746 of 2026
                         Arising Out of PS. Case No.-28 Year-2026 Thana- BHELDI District- Saran
                 ======================================================
                 Varun Kumar Son of Bhola Bhagat Resident of Village- Koreyan, P.S.-
                 Bheldi, District- Saran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Eashita Raj, Advocate
                                          :       Ms.Priyanka Singh, Advocate
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                   Heard Ms. Eashita Raj,              learned counsel for the

                   petitioner and Mr.Anand Kishore Choudhary, learned A.P.P. for

                   the State.

                                 2. The petitioner seeks bail, who is in custody since

                   20.01.2026 in connection with Bheldi P.S. Case No. 28 of 2026,

                   F.I.R. dated 20.01.2026 registered for the offence punishable

                   under Section 21(b) of N.D.P.S.Act.

                                 3. FIR of this, case has been registered on the basis of

                   typed application of informant S.K. Jha S.I. of Bheldi P.S. that

                   on 19.1.2026 at about 23.00 O'clock of night, the informant got

                   an information that the petitioner and other co-accused persons

                   have brought drug paraphernalia in huge quantity and have kept

                   the same in their house. On getting this information, the
Patna High Court CR. MISC. No.17746 of 2026(2) dt.17-03-2026
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          informant along with other police personnel raided the house of

          the accused persons and recovered banned cough syrup (drug

          paraphernalia) 250 pieces of 100 gram total 25 liters from house

          of the petitioner and other accused petitioners. Seizure list was

          prepared      and     petitioner     and       other   co-accused   persons

          apprehended confessed that they brought the recovered banned

          cough syrup in their house and sold them for Rs. 250/- each to

          the villagers.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. It appears from

          the FIR that 250 bottles of 100 ml each of ESKUF Cough

          Syrup, which is CODEINE PHOSPHATE & TRIPROLIDINE

          HYDROCHLORIDE SYRUP has been recovered from the

          house of the petitioner.

                       5. Learned counsel for the petitioner submits that the

          Central Government has issued Notification No. S.O. 826(E)

          dated 14.11.1985 which is given hereunder:-

                                  “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
Patna High Court CR. MISC. No.17746 of 2026(2) dt.17-03-2026
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                                  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”

                       6. 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
Patna High Court CR. MISC. No.17746 of 2026(2) dt.17-03-2026
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          the petitioner is in custody since 20.01.2026.

                       7. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner.

                       8. Considering the aforesaid facts and petitioner has

          clean antecedent, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Sessions Judge, Saran in connection with Bheldi P.S.

          Case No. 28 of 2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) 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 antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
               Patna High Court CR. MISC. No.17746 of 2026(2) dt.17-03-2026
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                         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)
Nitesh/-

U          T


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