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Patna High Court

Saroj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding that the statutory requirements for filing the charge‑sheet were not met.

Summary

Saroj Kumar was arrested after police stopped a car carrying 5.6 kg of charas-like material, which they recovered from the vehicle, not from his person. He contended that he was neither the owner nor the driver, that the seizure list lacked his signature, and that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act and filed the charge‑sheet without a forensic science laboratory (FSL) report. The prosecution had not sought an extension of the 180‑day period for filing the charge‑sheet under Sections 36(a) and 37(a) of the NDPS Act. Relying on a prior Patna High Court decision granting default bail when the charge‑sheet is not filed within the statutory period, the court held that the petitioner was entitled to bail. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to default/regular bail under the NDPS Act when the charge‑sheet was filed beyond the 180‑day period without an extension.
  • Whether the charge‑sheet filed without an FSL report and without compliance with Section 105 of the BNSS renders the detention unlawful.
  • Whether the seizure of contraband from the vehicle, not from the petitioner’s possession, affects the bail decision.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • default bail
  • charge‑sheet
  • forensic science laboratory report
  • seizure
  • Section 105
  • commercial quantity
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1549 of 2026
                     Arising Out of PS. Case No.-115 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Saroj Kumar S/O Bharat Yadav Resident of village- Bhaudwa Tola, Ward no.
                 9, P.S.- Nakardei, Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :         Mr. Rajendra Nath Jha, 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. The petitioner has prayed for regular bail in

                   connection with N.D.P.S. Case No. 78 of 2025 arising out of

                   Dumariyaghat P.S. Case No. 115 of 2025 registered for the

                   offence punishable under Sections 8 and 20(B)(II)(C) of the

                   Narcotic      Drugs        and    Psychotropic     Substance         (in    short

                   ‘N.D.P.S.’) Act, 1985.

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

                   received a secret information that contraband is being carried on

                   a four wheeler. On this information police started checking the

                   vehicles. When white colored car having Registration No. BR

                   09L2197 was coming in a high speed. It had only one person in
Patna High Court CR. MISC. No.1549 of 2026(2) dt.29-01-2026
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          the car. The vehicle was stopped and the driver started fleeing

          away who was apprehended. He was identified as the petitioner

          and he disclosed that he is going to sell the charas like material

          which has been purchased from Nepal and is being carried to

          Haryana and from the car altogether 5.600 kg charas like

          contraband was recovered.

                       4. Learned counsel for the petitioner has submitted

          that nothing has been recovered from the possession of the

          petitioner. Recovery has been made from the car. As per the case

          of the prosecution, the petitioner has fled out of the car and was

          apprehended. It has further been submitted that the petitioner is

          neither owner nor the driver of the car. The witnesses of the

          seizure list are police personnel. While making search police has

          not complied Section 105 of the BNSS. It has also been

          submitted that from perusal of the seizure list it will transpire

          that the seizure list does not bear signature of the petitioner,

          whereas the case of the prosecution is that the petitioner was

          apprehended there.

                       5. Learned counsel for the petitioner has further

          submitted that in this case police has submitted charge-sheet

          without the FSL report and from perusal of the FIR it is clear

          that the police party who has apprehended the petitioner was not
Patna High Court CR. MISC. No.1549 of 2026(2) dt.29-01-2026
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          having any kit to detect as to whether the object which was

          recovered is opium or not. That is why in the FIR it is written

          that opium like substance was recovered. In this case, the

          charge-sheet was filed on 15.10.2025 and from perusal of the

          Annexure-2/1, the certified copy of the order sheet of the

          learned trial court.

                       6. It is clear that from perusal of the order dated

          03.11.2025 that the learned trial court has directed the office to

          call for the report of FSL from the concerned office. Learned

          counsel for the petitioner has submitted that this order sheet

          goes to show that till 03.11.2025, the FSL report was not

          available. Order dated 01.11.2025 is very specific wherein there

          is endorsement to the effect that this record received on

          transferred from the court of learned Principal District &

          Sessions Judge, Motihari along with FIR case diary without FSL

          report. Learned counsel for the petitioner has further submitted

          that his prayer 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.

                       7. Learned counsel for the petitioner has further

          submitted that this case is squarely covered with the order

          passed by the learned co-ordinate Bench of this Court in Cr.
Patna High Court CR. MISC. No.1549 of 2026(2) dt.29-01-2026
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          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.

                       10. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is
            Patna High Court CR. MISC. No.1549 of 2026(2) dt.29-01-2026
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                      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

                      Sessions Judge/Speical Judge, East Champaran at Motihari in

                      connection with N.D.P.S. Case No. 78 of 2025 arising out of

                      Dumariyaghat P.S. Case No. 115 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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