Patna High Court
Manoj JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to prescribed conditions.
Summary
Manoj Jha was arrested on 21 June 2024 in connection with an NDPS case after 1500 litres of codeine phosphate cough syrup were seized from a vehicle. He argued that he had no ownership or control over the vehicle, that the seized drug contained only 0.2% codeine—well below the 2.5% threshold specified in Central Government Notification S.O. 826(E)—and that the seizure violated Sections 103 and 105 of the Bihar Narcotic Substances Act. The prosecution opposed bail. The High Court examined whether the substance fell within the definition of a narcotic under the NDPS Act and considered the petitioner’s clean antecedent and lack of possession. Finding the arguments persuasive, the Court granted bail on a Rs.10,000 bond with two sureties and imposed standard conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether codeine phosphate cough syrup with 0.2% concentration is covered by the NDPS Act.
- Whether the petitioner’s lack of ownership or possession of the seized vehicle justifies bail.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act vitiates the charge sheet.
- Whether bail should be granted despite the petitioner’s continued custody since June 2024.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 25
Subjects
- bail
- NDPS Act
- codeine phosphate
- seizure
- possession
- Section 103
- Section 105
- S.O. 826(E)
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48491 of 2025
Arising Out of PS. Case No.-273 Year-2024 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
Manoj Jha S/o- Late Jogi Jha Resident of Manikpur P.S- Mojahidpur, Dist-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Kumar Jain, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 17-03-2026 Heard Mr. Rajendra Kumar Jain, learned counsel for
the petitioner and Mr. Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.06.2024 in connection with N.D.P.S Case No.67 of 2024
arising out of Kotwali P.S. Case No. 273 of 2024, F.I.R. dated
20.06.2024 for the offences punishable under Section 21(c),
22(c) and 25 of the Narcotics Drugs and Psychotropic Substance
Act 1985.
3. Recovery is of 1500 liters of codeine phosphate
Cough Syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.48491 of 2025(7) dt.17-03-2026
2/4
implicated in the present case merely on the basis of suspicion.
He further submits that it appears from the F.I.R. as well as
seizure list that nothing has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from vehicle in question and petitoner is neither the owner nor
the driver of the vehicle in question. He further 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 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”
5. In this case, Codeine phosphate cough syrup has
Patna High Court CR. MISC. No.48491 of 2025(7) dt.17-03-2026
3/4
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. He
next submits that there is non-compliance of Section 103 and
105 of BNSS and the seizure list witnesses are police personnel
and the police after investigation submitted charge sheet against
the petitioner and the petitioner is in custody since 21.06.2024.
6. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
7. Considering the aforesaid facts and circumstances,
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 Additional
Sessions Judge-1st, Bhagalpur in connection with Kotwali P.S.
Case No. 273 of 2024, 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
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.
Patna High Court CR. MISC. No.48491 of 2025(7) dt.17-03-2026
4/4
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)
Suruchi/-
U T
Checking your session…