Patna High Court
Chintu Kumar @ Suman Kumar @ Chintu Mahto @ SumanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court held that bail should be granted to the petitioner subject to a bond and conditions, as the seized drug does not fall within the NDPS Act due to its low concentration.
Summary
The petitioner, Chintu Kumar, was arrested in connection with the recovery of 50 bottles of codeine phosphate cough syrup (0.2% concentration) and 1,150 tablets of nitrazepam, and charged under Section 21(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He pleaded innocence and argued that, per Central Government Notification S.O. 826(E) dated 14‑11‑1985, codeine preparations containing not more than 2.5% concentration are exempt from the NDPS Act and should be dealt with under the Drugs and Cosmetics Act. The State opposed bail, noting the petitioner’s involvement in four other cases, one of which also relates to the NDPS Act. The Court examined the concentration issue, the statutory exemption, and the petitioner’s custody period, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents. The order directs that bail should not be delayed pending verification.
Issues considered
- Whether the seized codeine phosphate cough syrup, containing 0.2% codeine, falls within the ambit of the NDPS Act despite the charge under Section 21(C).
- Whether the petitioner is entitled to bail given the nature of the offence and his other pending cases.
Legislation cited
Subjects
- bail
- NDPS Act
- codeine concentration
- drug seizure
- Drugs and Cosmetics Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86004 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- SONBERSA District- Sitamarhi
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Chintu Kumar @ Suman Kumar @ Chintu Mahto @ Suman Son of Krishna
Prasad @ Krishna Mahto @ Kishan Mahto Resident of Village - Chilri, Ward
No.- 6, P.S.- Sonbarsa, District – Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 19-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with
Sonbarsa P.S. Case No. 223 of 2025, F.I.R. dated 25.07.2025
registered for the offences punishable under Sections 21(C ) of
the N.D.P.S. Act.
3. The case relates to recovery of 50 bottles each of
100 ml. total 05 litres codeine phosphate Cough Syrup and 1150
tablets of NITRAZEPAM-IP.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has not committed any offence as
alleged in the F.I.R. 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
Patna High Court CR. MISC. No.86004 of 2025(3) dt.19-03-2026
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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 :-
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.
5. In this case, Codeine phosphate 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 so the present case does not fall under the
N.D.P.S. Act, which falls under the Drugs and Cosmetic Act and
the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 26.07.2025.
6. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries four more cases,
Patna High Court CR. MISC. No.86004 of 2025(3) dt.19-03-2026
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other than the present one and out of four cases, one case
pertaining to N.D.P.S. matter, but fairly submits, on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
7. Considering the facts and circumstances of the case
as well as period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Court of Sessions Judge-Cum-Special
Judge (NDPS Act), Sitamarhi in connection with Sonbarsa P.S.
Case No. 223 of 2025, subject to the following condition:-
(1) The learned 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 antecedents, 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.
(Ritesh Kumar, J)
AjayMishra/-
U
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