Patna High Court

Bhola MandalversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail is denied as the seized quantity exceeds commercial limits and Section 37 of the NDPS Act bars its grant.

Summary

The petitioner, Bhola Mandal, applied for bail in a case registered under Sections 20 and 22 of the NDPS Act concerning the alleged seizure of 101 bottles of codeine‑based cough syrup. He claimed innocence, no prior criminal record, and asserted that he was merely a worker at the medical shop, not its owner. The State opposed bail, arguing that the seized quantity exceeded the commercial threshold, invoking the bar on bail under Section 37 of the NDPS Act. The State also relied on the Supreme Court decision in Hira Singh v. Union of India (2020) 20 SCC 272, which holds that neutral substances in a mixture are counted towards determining commercial quantity. Considering the commercial quantity of the contraband and the statutory bar, the Court declined to grant bail, rejecting the petitioner's prayer.

Issues considered

Whether bail can be granted to the accused under Sections 20 and 22 of the NDPS Act when the seized narcotic quantity exceeds the commercial limit.
Whether Section 37 of the NDPS Act bars the grant of bail in such circumstances.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 37

Subjects

bail
NDPS Act
commercial quantity
Section 37
codeine
narcotic drugs
neutral substance
seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81572 of 2025
                     Arising Out of PS. Case No.-269 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Bhola Mandal S/O Mohit Mandal Resident of Village- Pathrahi PS- Ladaniya,
                 Dist. Madhubani
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramchandra Jha Raman, Advocate
                 For the Opposite Party/s :       Mr.Kalyan Shankar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   20-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Ladaniya P.S. Case No. 269 of 2025, instituted for the offences

                   under Sections 20 and 22 of the NDPS Act.

                               3. Prosecution allegation, in short, is that the 101

                   bottles of codeine base cough syrup has been recovered in this

                   case.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner is in custody since 31.07.2025 and

                   has got no criminal antecedent. Charge-sheet has been submitted

                   in this case. There is no allegation of tampering of witnesses

                   alleged against the petitioner. Learned counsel further submits
Patna High Court CR. MISC. No.81572 of 2025(4) dt.20-02-2026
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          that petitioner has no concern with the alleged codeine based

          cough syrup and medical shop. The petitioner is not the owner

          of the alleged medical shop. The petitioner is working as

          staff/worker on the said medical shop.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. Learned

          A.P.P. submits that recovered contraband is above the

          commercial quantity, hence, there is bar under Section 37 of the

          N.D.P.S. Act. Learned A.P.P. has further relied upon a case of

          Hon’ble Supreme Court since reported in (2020) 20 SCC 272

          (Hira Singh and Another versus Union of India and Another)

          in which the Hon’ble Apex Court held that in case of seizure of

          mixture of narcotic drugs or psychotropic substance with one or

          more neutral substance(s), the quantity of neutral substance(s) is

          not to be excluded and to be taken into consideration along with

          actual content by way of offending drug while determining the

          “small or commercial quantity” of narcotic drugs or

          psychotropic substance.

                       6. Considering the aforesaid facts and circumstances

          of the case and recovery of contraband beyond commercial

          quantity coupled with embargo under Section 37 of the N.D.P.S.

          Act, this Court is not inclined to grant bail to the petitioner.
           Patna High Court CR. MISC. No.81572 of 2025(4) dt.20-02-2026
                                                       3/3




                                  7. The prayer is rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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