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Patna High Court

Md. Absar Alam @ Absar Alam @ Md. AbsarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Md. Absar Alam, was arrested for alleged possession of 227.5 litres of Eskuf cough syrup containing codeine, alleged to violate Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He argued that the syrup, with a codeine concentration of about 0.2%, falls within the exemption under Notification S.O. 826(E) dated 14‑11‑1985 of the Narcotic Drugs and Psychotropic Substances Act, and therefore does not constitute an offence. The State opposed bail, citing three prior criminal antecedents. After hearing both sides, the Court considered the low concentration of codeine and the statutory exemption, and decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to appear before the Special Excise Judge‑III, Muzaffarpur.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under the Bihar Prohibition and Excise Act.
  • Whether the recovered cough syrup is exempt as a manufactured drug under the NDPS Act notification, thereby affecting the nature of the offence.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Narcotic Drugs and Psychotropic Substances Act
  • codeine
  • manufactured drug exemption
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21793 of 2026
                     Arising Out of PS. Case No.-111 Year-2025 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Md. Absar Alam @ Absar Alam @ Md. Absar S/o Md. Kasim R/o vill -
                 Chakrdah, ward no. 8, P.s.- Araria, Distt.- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Gaighat P.S. Case No. 111 of 2025 registered for the

                   offence punishable under Sections 30(a) and 41(1) of Bihar

                   Prohibition and Excise Act which was earlier rejected by the

                   learned co-ordinate Bench of this Court vide Cr. Misc. No.

                   45226 of 2025.

                                3. The case of the prosecution is that from a swift

                   dzire car, altogether, 227.5 liters of Eskuf cough syrup

                   containing codeine was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.21793 of 2026(2) dt.06-04-2026
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          case. In this case, now the charge sheet has been filed by the

          police. Moreover, the petitioner is languishing in judicial

          custody since 22.04.2025.

                       5. 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.

                       6. In this case, Eskuf Cough syrup containing codeine

          has been recovered from a car 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.

                       7. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.21793 of 2026(2) dt.06-04-2026
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                      the prayer for bail and has submitted that petitioner is having

                      three criminal antecedents.

                                   8. 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

                      of the like amount each to the satisfaction of the learned Special

                      Excise Judge-III, Muzaffarpur in connection with Gaighat P.S.

                      Case No. 111 of 2025.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T


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