Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91947 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- MANSI District- Khagaria ====================================================== Amresh Kumar Son of Sri Chand Kioshor Yadav @ Chandra Kishore Yadav Resident of village - Ekaniya, P.S.- Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Mansi P.S. Case No. 218 of 2025 instituted for the offences under Sections 30(f) of the Bihar Prohibition and Excise Act.

3. Prosecution allegation, in short, is that total 120 litres of codeine containing 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 07.09.2025 and has got no criminal antecedent. Learned counsel further submitted that initially the FIR was registered under the

Patna High Court CR. MISC. No.91947 of 2025(2) dt.19-01-2026 2/3 provisions of Bihar Prohibition and Excise Act but police, after completion of investigation, have submitted charge-sheet under Sections 8(c), 21(b) of the N.D.P.S. Act. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from the Car. Learned counsel further submits that petitioner is neither owner nor driver of the vehicle from which the alleged recovery has been made. Petitioner has no concern with the alleged recovery. There is no compliance of Section 42 and 50 of the NDPS Act.

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

Patna High Court CR. MISC. No.91947 of 2025(2) dt.19-01-2026 3/3 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.

7. The prayer is rejected.

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