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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail despite the procedural deficiencies and prolonged detention.

Summary

Raju Kumar applied for bail in a case under Sections 8, 20(b)(ii), 20(C) and 22(c) of the NDPS Act where 22.478 kg of ganja was allegedly seized from him, part of a total of 90.857 kg recovered from co‑accused. The petitioner contended that nothing was seized from him, the police failed to comply with Section 105 of the BNSS, and the charge‑sheet was filed without the mandatory forensic laboratory (FSL) report and beyond the 180‑day period without any extension, invoking the right to default bail. The State opposed bail, citing four prior criminal cases against the petitioner. The court, relying on earlier High Court judgments and the Supreme Court’s decision in Rabi Prakash v. State of Odisha, held that the procedural lapses and prolonged detention violated Article 21, and therefore the petitioner was entitled to bail. Accordingly, bail was granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail can be granted when the charge‑sheet is filed without an FSL report and beyond the statutory 180‑day period without an extension.
  • Whether non‑compliance with Section 105 of the BNSS in the seizure process warrants bail.
  • Whether the petitioner’s right to liberty under Article 21 overrides the statutory embargo of Section 37 of the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • procedural lapse
  • charge‑sheet delay
  • FSL report
  • Article 21
  • default bail
  • seizure
  • Section 105 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28766 of 2026
                    Arising Out of PS. Case No.-129 Year-2024 Thana- RAIL HAJIPUR District- Vaishali
                 ======================================================
                 Raju Kumar S/O Sunil Paswan Resident of Village - Anandpur, Post- Sonpur,
                 P.S- Sonpur, Dist.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Hajipur Rail P.S. Case No. 129 of 2024 registered for the

                   offence punishable under Sections 8/20(b)(ii)/20(C)/22(c) of the

                   NDPS Act.

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

                   the possession of the petitioner, namely, Raju Kumar, altogether

                   22.478 kg of ganja was recovered, and from other co-accused

                   persons, including the petitioner, a total of 90.857 kg of ganja

                   was recovered.

                                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
Patna High Court CR. MISC. No.28766 of 2026(2) dt.05-05-2026
                                            2/4




          case. Learned counsel for the petitioner has made his

          submission in twofold. First is that nothing has been recovered

          from the possession of the petitioner. The witnesses of the

          seizure list are police personnel, and the police have not

          complied with Section 105 of the BNSS while making the

          seizure. Further argument of the learned counsel for the

          petitioner is that in this case, the chargesheet was filed without

          an FSL report, cognizance was taken without an FSL report, and

          even the charge was framed without an FSL report. Learned

          counsel for the petitioner has annexed the certified copy of the

          order sheet of the learned trial court, which goes to show that on

          26.02.2026, the I.O. submitted that FSL report in the court.

          Moreover, the petitioner is languishing in judicial custody since

          05.10.2024.

                        5. Learned counsel for the petitioner has relied on an

          order of this Court passed in Cr. Misc. No. 84487 of 2024 and in

          that order, this court has relied on an order of the learned co-

          ordinate Bench of this Court passed in Cr. Misc. No. 65898 of

          2023 wherein the learned 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
Patna High Court CR. MISC. No.28766 of 2026(2) dt.05-05-2026
                                            3/4




          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 petitioner has been filed without FSL report.

                       6. In the case of Rabi Prakash vs. the State of

          Odisha, Hon'ble Supreme Court has held that the prolonged

          incarceration generally militate against the most precious

          fundamental right guaranteed under Article 21 of the

          Constitution of India and in such situation, the conditional

          liberty must override the statutory embargo created under

          Section 37 sub-clause 1(b) of the NDPS Act. The charge-sheet

          filed without FSL report does not ipso facto creates any

          embargo against the fundamental right of a citizen enshrined in

          Article 21 of the Indian Constitution.
           Patna High Court CR. MISC. No.28766 of 2026(2) dt.05-05-2026
                                                       4/4




                                  7. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of four cases.

                                  8. 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 District

                     and Additional Sessions Judge-I-cum-Special Judge NDPS,

                     Vaishali at Hajipur in connection with Hajipur Rail P.S. Case

                     No. 129 of 2024 corresponding to NDPS Case G.R. No. 21 of

                     2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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