Patna High Court
Anil Kumar RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Anil Kumar Raut was arrested on 5 September 2025 for alleged possession of 18 bottles of Onerax cough syrup containing 0.2% codeine, invoking Sections 21(ii), 22(ii) and 29 of the NDPS Act. The petitioner argued that he has a clean antecedent, that the seizure was not made in compliance with Section 105 of the BNSS, 2023, and that the codeine concentration falls below the 2.5% threshold specified in Central Government Notification S.O. 826(E) 1985, thereby rendering the case more appropriate for the Drugs and Cosmetic Act. The prosecution opposed bail. The High Court, after considering the procedural lapses and the low quantity of the drug, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether the seizure of Onerax cough syrup complied with Section 105 of the BNSS, 2023.
- Whether the concentration of codeine in the seized syrup brings the offence within the ambit of the NDPS Act or only the Drugs and Cosmetic Act.
- Whether bail should be granted to the petitioner given the nature of the offence and his antecedents.
Legislation cited
- BNSS, 2023 — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(ii), 22(ii), 29
Subjects
- bail
- NDPS Act
- codeine
- Onerax cough syrup
- seizure procedure
- Drugs and Cosmetic Act
- Section 105 BNSS
- central government notification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81728 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Anil Kumar Raut S/o Chhotelal Raut R/o Village - Virta Birganj, Ward No.
04, P.S - Virta Chowki, District - Parsa, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 10-03-2026 Heard Mr. Karandeep Kumar, 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
05.09.2025 in connection with Raxaul P.S. Case No. 385 of
2025, N.D.P.S. G. R. Case No. 122 of 2025, F.I.R. dated
04.09.2025 for the offences punishable under Sections 21(ii),
22(ii) and 29 of N.D.P.S. Act.
3. The prosecution case in brief is that from
possession of this petitioner, altogether 18 pieces of Onerax
Syrup containing 100 ML each was recovered.
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 FIR/seizure
Patna High Court CR. MISC. No.81728 of 2025(4) dt.10-03-2026
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list that 18 pieces of Onerax cough Syrup was recovered from
the possession of the petitioner. There is no independent witness
of the seizure list rather the witnesses are police personnel.
Police has not followed Section 105 of BNSS, 2023 while
making seizure. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 05.09.2025. Learned
counsel for the petitioner further submits that the Central
Government has issued Notificiation 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:-
xxx
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 milligrams 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”
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5. In this case, Onerax 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. From bare perusal of said notification which
suggest that the petitioner has only violated the Drugs and
Cosmetic Act and the case of the petitioner comes under the
purview of Drugs and Cosmetic Act.
6. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, petitioner has clean antecedent and the fact that the
recovered contraband is less than the commercial quantity, 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 court of learned
Sessions Judge/Special Judge, East Champaran, Motihari, in
connection with Raxaul P.S. Case No. 385 of 2025, N.D.P.S. G.
R. Case No. 122 of 2025, 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
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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)
Ranjeet/-
U T
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