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Patna High Court

Vishal Uraon @ Vishal WraonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to default bail and ordered his release on bail.

Summary

Vishal Uraon was arrested in a NDNDPS case for possession of 517.54 grams of brown sugar. The charge‑sheet was filed without the mandatory forensic science laboratory (FSL) report and beyond the statutory 180‑day period, with no extension sought by the public prosecutor. The petitioner argued that the earlier bail denial was erroneous and that the procedural defaults entitled him to default bail under Section 36(a) sub‑clause 4 and the proviso to Section 37(a) of the NDPS Act. The State opposed bail, citing the petitioner’s prior criminal antecedents. After considering the delay and lack of compliance, the Patna High Court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the conditions of the Special Judge, NDPS Act, Purnea.

Issues considered

  • Whether the petitioner is entitled to default bail under the NDPS Act due to the charge‑sheet being filed after the 180‑day period without an extension.
  • Whether the absence of the FSL report and non‑compliance with Section 105 of the B.N.S.S vitiates the charge‑sheet and justifies bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • default bail
  • charge‑sheet delay
  • FSL report
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20530 of 2026
                          Arising Out of PS. Case No.-84 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
                 Vishal Uraon @ Vishal Wraon, S/O Late Munna Uraon, Resident of village-
                 Rambag, Driver Tola, P.S.- Sadar, District- Purnea

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. N.K. Agrawal, Sr. Advocate
                                                     Mr. Bidhu Ranjan, Advocate
                                                     Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :          Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Mufassil P.S. Case No. 84 of 2025 registered for the offence

                   punishable under Sections 8(c), 21(c), 25 and 29 of the N.D.P.S.

                   Act.

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

                   bag of this petitioner, altogether 517.54 grams of brown

                   sugar/smack like contraband was recovered.

                                 4. Learned counsel appearing on behalf of the petitioner

                   has submitted that earlier the bail petition of this petitioner was

                   rejected by learned Co-ordinate Bench of this Court vide order

                   dated 09.07.2025. It has further been submitted that the seizure list

                   witnesses are police personnel. Police has not complied Section
Patna High Court CR. MISC. No.20530 of 2026(2) dt.31-03-2026
                                            2/3




          105 of B.N.S.S while making the seizure. It has further been

          submitted that in this case, police has filed charge-sheet without

          without the F.S.L. report and even the learned trial Court has taken

          cognizance without the F.S.L. report. Learned counsel for the

          petitioner has filed the certified copy of the charge-sheet which

          goes to show that on the date of filing of the charge-sheet, the

          F.S.L. report was not received. Petitioner is languishing in judicial

          custody since 03.04.2025.

                        5. Learned counsel for the petitioner has relied on an

          order passed by this Court in Cr. Misc. No. 57651 of 2025 and in

          that order, this Court has relied on an order of learned Co-ordinate

          Bench of this Court passed in Cr. Misc. No. 65898 of 2023,

          wherein the Co-ordinate 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
             Patna High Court CR. MISC. No.20530 of 2026(2) dt.31-03-2026
                                                         3/3




                       accused beyond the said period of 180 days. In the present case,

                       the Special Public Prosecutor has not filed any application for

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

                       the contention of the petitioners have been filed without FSL

                       report.

                                    6. Learned APP for the State has vehemently opposed

                       the application for bail and has submitted that petitioner is having

                       criminal antecedent of two cases.

                                    7. 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 learned 2nd Additional

                       Sessions Judge-cum-Special Judge, NDPS Act, Purnea in

                       connection with Muffasil P.S. Case No. 84 of 2025.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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