Patna High Court
English Kumar @ Inglish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail as the charge‑sheet was not filed within the statutory period and no extension was sought, and procedural defaults further warrant bail.
Summary
The petitioner, English Kumar, was arrested in an NDNDPS case for alleged possession of approximately 10.5 kg of ganja recovered from a bike and his backpack. He contended that only 2 kg was in his possession, that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act and did not produce a forensic laboratory (FSL) report, and that the charge‑sheet was filed beyond the 180‑day period without any extension under Section 37(a) of the NDPS Act. The State opposed bail, arguing the large quantity of narcotics. The court examined the statutory provisions on default bail, noting that no application for extension had been filed and procedural lapses existed. Relying on its earlier decisions, the court held that the petitioner was entitled to bail and ordered his release 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 the charge‑sheet not being filed within 180 days and no extension being sought.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act and the absence of an FSL report justify denial of bail.
- Whether the quantity of narcotics alleged (commercial quantity) warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 22(b), 29, 36(a) sub-clause 4, 37(a), 8
Subjects
- bail
- NDPS Act
- default bail
- charge‑sheet delay
- procedural lapse
- narcotics
- commercial quantity
- Section 105 B.N.S.
- FSL report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5112 of 2026
Arising Out of PS. Case No.-206 Year-2025 Thana- Lakho District- Begusarai
======================================================
English Kumar @ Inglish Kumar, Son of Arun Yadav, Resident of village-
Nanhakumandal Tola/ Nanhkumandal Tola, Ward no. 11, PS -Muffasil, Dist-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ataul Haque
For the Opposite Party/s : Mr. Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
NDPS Case No. 72 of 2025 arising out of Lakho P.S. Case No. 206
of 2025 registered for the offence punishable under Sections 8,
20(b)(ii)(B), 22(b) and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that two
bikers on a bike were apprehended by police. One of them
managed to escape and on that bike, two bags were found. A
backpack was with the petitioner and from that backpack,
altogether 1.998 Kg. of ganja was recovered and from the other
bag, 8.49 Kg. of ganja was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.5112 of 2026(2) dt.04-02-2026
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offence. He has been falsely implicated in this case. Learned
counsel for the petitioner has submitted that from his possession
only 2 Kg. of ganja was recovered. The seizure list witnesses are
police personnel. Police has not complied Section 105 of B.N.S.
while making the seizure. It has further been submitted that from
perusal of the charge-sheet it will transpire that police has filed
charge-sheet without without FSL report. Petitioner is having no
criminal antecedent and he is languishing in judicial custody since
09.10.2025.
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
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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.
7. The application for bail is opposed by learned APP
for the State.
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-1st-cum-Spl. Judge, NDPS Act and P.O
of Children Court, Begusarai in connection with NDPS Case No.
72 of 2025 arising out of Lakho P.S. Case No. 206 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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