Patna High Court
Ram Prasad SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, subject to a bond and conditions, finding no conscious possession and noting procedural lapses and undue pre‑trial detention.
Summary
The High Court considered bail applications filed by Ram Prasad Sharma and Indal Kumar in NDPS Case No. 09 of 2025, where 123.45 kg of ganja had been seized from a Scorpio vehicle. The petitioners contended they were not owners or drivers of the vehicle, that no independent witness was present during the seizure, and that no narcotic was recovered from their conscious possession. They also highlighted their advanced age, clean records, and the fact that they had been in custody for over a year while the trial had only just commenced. The State opposed bail, emphasizing the commercial quantity of the drug. After weighing the lack of conscious possession, procedural lapses, and the prolonged pre‑trial detention, the Court granted bail subject to a bond of Rs 10,000 with two sureties and conditions of personal appearance.
Issues considered
- Whether bail can be granted in an NDPS case involving a commercial quantity of ganja when the accused deny conscious possession.
- Whether procedural defects such as absence of an independent witness to the seizure list and lack of a forensic scientific laboratory (FSL) report render the charge‑sheet incomplete for bail considerations.
- Whether prolonged pre‑trial detention without trial progress justifies bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- drug trafficking
- pre‑trial detention
- seizure procedure
- conscious possession
- FSL report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3505 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Ram Prasad Sharma S/O Late Prayag Sharam Resident of Ward No. 13,
Haripur, P.O.- Beldaur, P.S- Beldaur, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3794 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Indal Kumar Son of Ganpat Yadav R/o Village - Mathar, Ward No.- 10, P.S.-
Muffasil, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 3505 of 2026)
For the Petitioner/s : Mr. Upendra, Prasad, Adv.
Mr.Rajiv Ranjan, Adv.
For the Opposite Party/s : Mr.Manoj Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 3794 of 2026)
For the Petitioner/s : Mr. Sanjeev Kr. Mishra, Sr. Adv.
Mr.Arvind Kumar, Adv.
Mr. Abhishek Bharti, Adv.
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Both the cases are being taken up together as they
arise out of the same P.S. Case No. 35 of 2025.
2. The petitioners seek bail in connection with NDPS
Case No.09 of 2025 arising out of Supaul P.S. Case No. 35 of
2025 under Sections 8, 20(b)(ii)(c) and 25 of NDPS Act.
Patna High Court CR. MISC. No.3505 of 2026(3) dt.25-02-2026
2/4
3. There is recovery of 123.45 Kgs. of ganja from a
Scorpio vehicle bearing Reg No. BR-01PH-5532.
4. Mr. Upendra Prasad, learned Advocate appearing
on behalf of the petitioner in Cr. Misc. No. 3505 of 2026,
submits that the petitioner has been falsely implicated in the
case. He is neither the owner of the seized Scorpio vehicle nor
the driver thereof, but was merely waiting for the vehicle, and
the driver fled away from the spot. It is further submitted that
there was no independent witness to the seizure list, thereby
violating the mandatory provisions relating to search and
seizure. No recovery has been made from the conscious
possession of the petitioner. The petitioner is an old man aged
about 76 years with no criminal antecedent and undertakes to
co-operate in case/trial.
5. Mr. Sanjeev Kumar Mishra, learned Senior counsel
appearing on behalf of the petitioner in Cr. Misc. No. 3794 of
2026, submits that earlier prayer for bail was rejected by order
dated 17.06.2025 passed in Cr. Misc. No. 35748 of 2025. The
present bail application has been renewed on the ground that the
stage of the case has now changed as after submission of the
charge-sheet, charges have been framed and the next date fixed
for prosecution evidence is 13.02.2026, as such, case is at the
Patna High Court CR. MISC. No.3505 of 2026(3) dt.25-02-2026
3/4
stage of prosecution evidence and there is no likelihood of
conclusion of the trial in near future. It is further submitted that
the petitioner has been implicated in the case only for the reason
that he happens to be the owner of the alleged vehicle. A
reference has been made to the judgments of Hon’ble Supreme
Court and also co-ordinate Bench of this Court to contend that
any charge-sheet submitted without FSL report is an in-
complete charge-sheet and the petitioner is entitled to grant of
bail on such ground.
6. It is jointly submitted that both the petitioners have
no criminal antecedents and are not likely to commit any
offence. They have remained in custody since 30.11.2025 and
22.02.2025 respectively.
7. Learned APP for the State has opposed the prayer
for bail on the ground that the case involves recovery of
commercial quantity of ganja.
8. Taking into consideration the rival submissions of
the parties and also considering the fact that no recovery has
been made from the conscious possession of the petitioners,
they have remained in custody for more than one year, coupled
with the fact that trial has only commenced and there is no
likelihood of conclusion of trial in the near future, the
Patna High Court CR. MISC. No.3505 of 2026(3) dt.25-02-2026
4/4
petitioners are directed to be enlarged on bail in connection with
NDPS Case No.09 of 2025 arising out of Supaul P.S. Case No.
35 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor Court, subject to the following conditions:-
(I) One of the bailors of the petitioners shall be the
family member/close relative of the petitioners.
(II) The petitioners shall remain physically present in
the learned trial Court on each date and shall cooperate in the
trial. In case the petitioner is absent on the two consecutive
dates without sufficient reasons, the learned trial Court would be
at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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