Manjar Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40760 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- Bathnaha District- Araria ====================================================== Manjar Ahmad S/o Late Md. Mumtaz Ahmad R/o vill - Amouna, ward no. 22, P.S. - Jogbani, Distt.- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bathnaha P.S. Case No. 38 of 2025 instituted for the offences under Sections 21(c), 22, 23 of the NDPS Act.

3. Prosecution allegation, in short, is that total 2607 bottles of Eskuf Cough Syrup (100ml each) containing Codeine Phosphate has been recovered from Scorpio vehicle.

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 14.05.2025 and has no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses

Patna High Court CR. MISC. No.40760 of 2025(2) dt.08-07-2025 2/3 alleged against the petitioner. Learned counsel further submits petitioner is neither owner nor driver of the vehicle from which the alleged recovery has been made. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized contraband.

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 around 260 litres which 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 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.

Patna High Court CR. MISC. No.40760 of 2025(2) dt.08-07-2025 3/3 Act, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T