Created by Fuzzy Cloud

Patna High Court

Raj Kumar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to default bail because the charge‑sheet was not filed within the prescribed 180‑day period and no extension was sought.

Summary

Petitioner Raj Kumar Sharma applied for regular bail in a case under the NDPS Act where 38.5 kg of ganja was allegedly seized from his house. The petitioner claimed innocence, asserted that the seizure list was not prepared in compliance with Section 105 of the BNSS, and that the charge sheet was filed without the mandatory forensic laboratory (FSL) report. He further argued that the charge sheet was not filed within the statutory 180‑day period and no extension was sought by the public prosecutor. Relying on prior judgments interpreting Section 36(a) sub‑clause 4 and Section 37(a) of the NDPS Act, the court examined whether default bail was applicable. Finding procedural lapses and the absence of a valid extension, the court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether default bail is available when a charge‑sheet under the NDPS Act is not filed within 180 days and no extension is obtained.
  • Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants bail.
  • Whether the petitioner is entitled to bail despite the alleged seizure of a commercial quantity of narcotics.

Legislation cited

  • BNSS Act — s. 105
  • NDPS Act — s. 20(b)(ii)(c), 29, 36(a) sub-clause 4, 37(a), 8

Subjects

  • bail
  • NDPS Act
  • default bail
  • charge sheet delay
  • procedural lapse
  • seizure of narcotics
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32667 of 2026
                        Arising Out of PS. Case No.-427 Year-2025 Thana- BIRPUR District- Supaul
                 ======================================================
                 Raj Kumar Sharma S/o Domilal Sharma @ Domi Lal Sharma Resident of
                 Village- Jagir, Ward No. 13, P.S.- Birpur, District- Supaul

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

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

2   13-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 8/20 (b) (ii)

                   (c) and 29 fo the NDPS Act.

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

                   the house of the petitioner, altogether 38.5 kg of ganja was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of this petitioner. Learned

                   counsel for the petitioner has further submitted that the

                   witnesses of the seizure list are police personnel and police have
Patna High Court CR. MISC. No.32667 of 2026(2) dt.13-05-2026
                                            2/3




          not complied Section 105 of the BNSS while preparing the

          seizure list. In this case, the I.O. has filed charge sheet without

          the FSL report which is apparent from Annexure-2 wherein I.O.

          has recorded that the charge sheet is filed awaiting FSL report

          from Bhagalpur and CSSL, Hyderabad. Moreover, the petitioner

          is languishing in judicial custody since 16.12.2025 having no

          criminal antecedent.

                       5. Learned counsel for the petitioner has further 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

          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
            Patna High Court CR. MISC. No.32667 of 2026(2) dt.13-05-2026
                                                        3/3




                      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. 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 released on bail in connection with

                      Birpur P.S. Case No. 427 of 2025 on furnishing bail bond of

                      10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Additional Sessions Judge-III-

                      cum-Special Judge, N.D.P.S., Supaul.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.