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Patna High Court

Yugal Kishore SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted as the seized quantity is below the small‑quantity threshold and no embargo under Section 37 of the NDPS Act applies.

Summary

The petitioner Yugal Kishore Singh was arrested on 23 May 2025 in connection with an FIR under Sections 8, 21(c) and 25 of the NDPS Act for allegedly possessing codeine‑containing cough syrup. A seizure of 1,190 bottles (119 L) yielded only 4.76 g of codeine, which the petitioner’s counsel argued is below the statutory ‘small quantity’ threshold, rendering Section 37’s embargo inapplicable. The State opposed bail, citing two other pending drug‑related cases, though the petitioner was already on bail in those matters. The Court examined the quantity, the statutory provisions, and the lack of a legal embargo, and concluded that bail could be granted. Accordingly, the Court ordered release on bail with a Rs 10,000 bond and specified conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail can be granted under the NDPS Act when the seized narcotic quantity is less than the statutory ‘small quantity’ and thus no embargo under Section 37 applies
  • Whether the existence of other pending drug‑related cases bars the grant of bail in the present case

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • codeine
  • drug offence
  • Section 37 embargo
  • excise seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91022 of 2025
                       Arising Out of PS. Case No.-230 Year-2025 Thana- Excise P.S. District- Banka
                 ======================================================
                 Yugal Kishore Singh Son of Late Bachneshwar Prasad Singh Resident of
                 Village- Khiddi, P.S.- Rajoun, Distt.- Banka

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Pravesh Nath Tiwari, Advocate
                                          :        Mr.Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :        Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   30-03-2026                   Learned counsel for the petitioner is permitted to

                   make       necessary       correction      in    paragraph-7         of    the     3rd

                   supplementary affidavit.

                                 2. Heard Mr. Ram Pravesh Nath Tiwari,                         learned

                   counsel for the petitioner and Ms.Asha Kumari, learned A.P.P.

                   for the State.

                                 3. The petitioner seeks bail, who is in custody since

                   23.05.2025 in connection with Excise P.S. Banka Case No. 230

                   of 2025, F.I.R. dated 22.05.2025 registered for the offence

                   punishable under Sections 8,21(c),25 of N.D.P.S.Act.

                                 4. Recovery is 1190 bottles of 100 ml in ten boxes

                   (119 liter) of RJT-SCEN Cough Linctus (Codeine Phosphate

                   and Triprolidine Hydrochloride Syrup).
Patna High Court CR. MISC. No.91022 of 2025(5) dt.30-03-2026
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                       5. Learned counsel appearing for the petitioner

          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. As per allegation in the FIR, the informant

          has got information that the petitioner has kept illegal codeine

          syrup in his medical shop. Learned counsel for the petitioner

          submits that it appears from the FIR as well as the seizure list

          that altogether 1190 bottles of 100 ml in ten boxes (119 liter) of

          RJT-SCEN Cough Linctus (Codeine Phosphate and Triprolidine

          Hydrochloride Syrup) was recovered form the shop of the

          petitioner. Learned counsel for the petitioner submits that as per

          calculation that altogether 4.76 Gm of Narcotic contents was

          found, which is mentioned in paragraph-7 of 3 rd supplementary

          affidavit and the same is quoted here in below:-

                          “7. That, the total number of bottles allegedly

                          recovered is 1190 bottles, each having a capacity

                          of 100 ml., the correct calculation of codeine

                          content would therefore be as follows:

                                       1190x100ml=119000 ml.

                                       :In 100 ml.-4 mg. Codeine.

                                       :119000x4 100

                                       :4760 ml.
Patna High Court CR. MISC. No.91022 of 2025(5) dt.30-03-2026
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                                       :4760 1000

                                       =4.76 grams.”

                        In view of the aforesaid, the recovered contraband is

          even less than the small quantity. Hence, there is no embargo

          under Section 37 of the N.D.P.S.Act for grant of bail to the

          petitioner and the police, after investigation, submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 23.05.2025.

                       6. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries two more cases other than the

          present one of similar nature but fairly submits that the

          petitioner is on bail in both the cases, as mentioned in para-3 of

          the bail petition.

                       7. Considering the aforesaid facts and the recovered

          contraband is even less than the small 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 learned Sessions Judge-cum-Special

          Judge (NDPS Act), Banka in connection with Excise P.S. Banka

          Case No. 230 of 2025, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.91022 of 2025(5) dt.30-03-2026
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                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her 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)
Nitesh/-

U          T


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