Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Rajesh Kumar, was arrested on 21 August 2025 in connection with a 2021 case alleging possession of 120 pieces of intoxicated cough syrup containing codeine. He sought bail, arguing he has a clean antecedent and that the syrup’s codeine concentration (0.2%) is below the 2.5% limit prescribed in the 1985 Central Government notification, rendering the charge under Section 21(b) of the NDPS Act untenable. The prosecution opposed bail, but the court noted the low concentration and the petitioner’s clean record. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether the possession of cough syrup with 0.2% codeine falls within the permissible limit under the NDPS Act and thus warrants prosecution under Section 21(b).
- Whether the petitioner is entitled to bail given his clean antecedent and the nature of the alleged offence.
Legislation cited
Subjects
- bail
- NDPS Act
- codeine concentration
- possession
- criminal antecedent
- special judge
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4194 of 2026
Arising Out of PS. Case No.-102 Year-2021 Thana- SONBERSA District- Sitamarhi
======================================================
Rajesh Kumar S/o Shivji Mahto R/o Village - Jai Nagar, PS - Sonebarsa,
District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
Ms. Divya Bhat, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr. Pushpendra Kumar Singh, learned
counsel for the petitioner and Mr. Umesh Lal Verma, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.08.2025 in connection with Sonebarsa P.S. Case No. 102 of
2021, F.I.R. dated 14.04.2021 for the offences punishable under
Section 21(b) of the N.D.P.S. Act.
3. Recovery is of 120 pieces of intoxicated cough
syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the F.I.R that no
incriminating article has been recovered from the possession of
Patna High Court CR. MISC. No.4194 of 2026(2) dt.30-01-2026
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the petitioner rather 120 pieces of intoxicated syrup were
recovered from the house of the petitioner. He further submits
that as per the notification dated 14.11.1985 Central
Government has issued the Corex cough syrup which has been
recovered has concentration of codeine is approximately 0.2%
which is less than 2.5% as provided in the above notification.
Hence, the drug is under the permissible limit, so no case is
made out under the NDPS Act. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 21.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the drug contained
in the syrup is less than the prescribed limit, 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 the learned Special Judge, Sitamarhi
in connection with Sonebarsa P.S. Case No.102 of 2021, subject
to 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
Patna High Court CR. MISC. No.4194 of 2026(2) dt.30-01-2026
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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.
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
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)
Vanisha/-
U T
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