Patna High Court
Sonu Kumar RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail and ordered his release on bail.
Summary
The petitioner, Sonu Kumar Ray, sought bail in an NDPS case (Sections 20(b) and 22) where 77.76 kg of ganja was seized from a Tata Nexon. He contended that he was merely a passenger and that no contraband was found on him, and that the charge‑sheet was filed without the mandatory forensic science laboratory (FSL) report. The petitioner also argued that the charge‑sheet was filed beyond the statutory 180‑day period without any extension application by the Special Public Prosecutor, invoking the default‑bail provision under Section 36(a) sub‑clause 4 and Section 37(a) of the NDPS Act. The State opposed the bail. After considering the delay, lack of FSL report, and the petitioner’s limited involvement, the Court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to default bail under Section 36(a) sub‑clause 4 of the NDPS Act due to delay in filing the charge‑sheet beyond 180 days without an extension.
- Whether the absence of an FSL report in the charge‑sheet warrants bail.
- Whether the petitioner’s role as a mere passenger justifies bail despite the large quantity of narcotics seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b), 22, 36(a) sub-clause 4, 37(a)
Subjects
- bail
- NDPS Act
- default bail
- charge‑sheet delay
- FSL report
- judicial custody
- excise case
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21867 of 2026
Arising Out of PS. Case No.-501 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Sonu Kumar Ray, S/o Sheo Kumar Ray @ Shiv Kumar Ray, R/o Village -
Bhawani Tola, P.O - Rampur Diyara, P.S - Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Madya Nished Excise P.S. Case No. 501 of 2025 registered
for the offence punishable under Sections 20(b) and 22 of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a
Tata Nexon Car, altogether 77.760 Kg. of ganja was recovered.
As per the case of the prosecution, after seeing the police, two
persons from the car started fleeing away. They were identified
as Sonu Kumar Ray and Chhotu @ Prince.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
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case. It has further been submitted that in F.I.R. also this
petitioner has disclosed that he has taken lift in that car. It has
further been submitted that earlier the bail petition of this
petitioner was rejected by this Court vide order dated
24.09.2025 passed in Cr. Misc. No. 68121 of 2025 with an
observation that petitioner may renew his prayer for bail after
six months if the trial is not concluded. It has further been
submitted by learned counsel for the petitioner that till today,
only charge has been framed. Further submission of learned
counsel for the petitioner is that from perusal of Annexure-P/3,
the charge-sheet, it will transpire that charge-sheet was filed
without the F.S.L. report. Learned counsel for the petitioner has
submitted that his prayer is two fold. First is that he has only
taken lift in that car and nothing has been recovered from his
possession and second is that the charge-sheet has been filed
without the F.S.L. report. Petitioner is languishing in judicial
custody since 11.05.2025.
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
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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. 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 appearing for the State has
vehemently opposed the application for bail.
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
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of the like amount each to the satisfaction of the learned
Principal District and Sessions Judge, Aurangabad in connection
with Madya Nished Excise P.S. Case No. 501 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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