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Patna High Court

Anup Yadav @ Anoop Yadav @ Anup Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, holding that the charge‑sheet was filed without the required FSL report and without a statutory extension, entitling the accused to default bail under the NDPS Act.

Summary

Anup Yadav was arrested in an NDPS case (Case No. 161 of 2025) after police recovered 4 kg of opium-like substance from co‑accused. The petitioner argued that no narcotic was seized from him, the charge‑sheet was filed without a forensic science laboratory (FSL) report, and no extension was sought for filing the charge‑sheet beyond the statutory 180‑day period. Relying on Section 36(a) sub‑clause 4 and the proviso to Section 37(a) of the NDPS Act, the court noted that the prosecution had not applied for an extension and the charge‑sheet was defective. The court held that the petitioner was entitled to default bail and ordered his release on bail with a bond of Rs 10,000 and two sureties. The bail order was granted as prayed, and the petition was disposed in the petitioner’s favour.

Issues considered

  • Whether the petitioner is entitled to default bail under Section 36(a) sub‑clause 4 of the NDPS Act due to the charge‑sheet being filed without an FSL report and without an extension of time.
  • Whether the absence of any narcotic seizure from the petitioner’s possession justifies granting bail.

Legislation cited

Subjects

  • NDPS Act
  • default bail
  • charge‑sheet delay
  • forensic science laboratory report
  • commercial quantity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1472 of 2026
                      Arising Out of PS. Case No.-142 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Anup Yadav @ Anoop Yadav @ Anup Kumar Yadav Son of Khemlal Yadav
                 Resident of Village- Salaiya, P.S.- Bashishth Nagar, Jori, District- Chatra,
                 (Jharkhand)- 825403
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mohd Rustam Hussain, Advocate
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Learned counsel for the petitioner has filed a

                   supplementary affidavit and in Paragraph ‘7’ of the affidavit it is

                   written that P.S. of petitioner is Bashishth Nagar Jori and not

                   Tori. Learned counsel for the petitioner has submitted that this

                   defect may be ignored.

                                3. As such, the defect in Paragraph ‘7’ of the

                   supplementary affidavit is ignored and the P.S. of petitioner

                   should be read as Jori in place of Tori.

                                4. The petitioner has prayed for regular bail in

                   connection with N.D.P.S. Case No. 161 of 2025 arising out of

                   Ramgarhwa P.S. Case No. 142 of 2025 registered for the offence

                   punishable under Sections 8, 18, 21(C), 22(C) and 29 of the
Patna High Court CR. MISC. No.1472 of 2026(2) dt.29-01-2026
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          Narcotic      Drugs      and     Psychotropic       Substance   (in   short

          ‘N.D.P.S.’) Act, 1985.

                       5. The case of the prosecution, in short, is that police

          received a secret information that four persons are sitting in an

          orchard and they are having talks regarding sale and purchase of

          opium. On this information, two persons were apprehended by

          the police, namely, Arjun Paswan and Mantu Paswan and from

          their possession 4 kg of opium like substance were recovered.

                       6. Learned counsel appearing on behalf of the

          petitioner has submitted that the name of this petitioner has been

          disclosed by the apprehended two accused persons. Learned

          counsel for the petitioner has further submitted that nothing has

          been recovered from the possession of the petitioner rather the

          recovery, if any, has been made from the possession of co-

          accused persons. It has also been submitted that in this case

          police has submitted charge-sheet without FSL. Learned counsel

          for the petitioner has submitted that the prayer of the petitioner

          is two fold. First is that nothing has been recovered from the

          possession of this petitioner and second is that charge-sheet has

          been filed without FSL report. Moreover, the petitioner is

          languishing in judicial custody since 12.05.2025.

                       7. Learned counsel for the petitioner has further
Patna High Court CR. MISC. No.1472 of 2026(2) dt.29-01-2026
                                            3/4




          submitted that this case is squarely covered with the order

          passed by the learned co-ordinate Bench of this Court in Cr.

          Misc. No. 65898 of 2023, wherein the Bench has opined that

          from reading of Section 36(a) sub-clause 4 of the NDPS Act, it

          appears that in the case of offence punishable under Section 19

          or Section 24 or Section 27(a) or for offences involving

          commercial quantity, the charge-sheet can be submitted within

          180 days and if the charge-sheet is not submitted within 180

          days, the accused person is entitled for default bail. The proviso

          to Section 37(a) speaks that public prosecutor may take an

          extension of time for filing the charge-sheet and 180 days time

          can be extended for a period up to one year. After the public

          prosecutor files that progress report of the investigation and

          gives specific reasons for detention of the accused beyond the

          said period of 180 days.

                       8. In the present case, the Additional Public

          Prosecutor for the State has not filed any application for

          extension of period of the charge-sheet and the charge-sheet as

          per the contention of the petitioners has been filed without FSL

          report.

                       9. Learned APP appearing for the State has opposed

          the prayer of regular bail.
            Patna High Court CR. MISC. No.1472 of 2026(2) dt.29-01-2026
                                                        4/4




                                   10. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Exclusive Special Judge court no.1 under NDPS Act, East

                      Champaran at Motihari in connection with N.D.P.S. Case No.

                      161 of 2025 arising out of Ramgarhwa P.S. Case No. 142 of

                      2025.

                                   11. Learned counsel for the petitioner has prayed that

                      one of the bailor should be close relative of the petitioner.

                                   12. The prayer of the learned counsel for the

                      petitioner is accorded.



                                             (Ashok Kumar Pandey, J)
Durgesh/-

U      T


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