Patna High Court
Kanhaiya Kumar @ Kanhaiya SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, holding that the incomplete charge‑sheet and lack of forensic confirmation warranted release.
Summary
Kanhaiya Kumar was arrested in connection with a case under Sections 8 and 20(B)(ii)(c) of the NDPS Act for allegedly possessing 159.33 kg of ganja. He has been in custody since 23 October 2024 and contends that the contraband was actually found in another vehicle, making his implication false. The charge‑sheet filed against him was deemed incomplete because it lacked a forensic laboratory report confirming the nature of the seized substance. The State argued that the petitioner was seated in the vehicle from which the narcotics were recovered and that the quantity far exceeded the commercial limit. Relying on the Supreme Court’s observation in Divyas Bardewa v. Narcotics Control Board regarding incomplete charge‑sheets, the High Court directed that the petitioner be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Sections 437(3) of the CrPC and 480(3) of the B.N.S.S.
Issues considered
- Whether bail can be granted when the charge‑sheet is incomplete due to the absence of a forensic laboratory report.
- Whether the petitioner can be held liable for possession when the contraband was recovered from a different vehicle.
- Application of Sections 8 and 20(B)(ii)(c) of the NDPS Act in the context of bail.
- Effect of the pending Supreme Court decision in Divyas Bardewa v. Narcotics Control Board on the bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 167(2), 437(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(c), 8
Subjects
- bail
- NDPS Act
- incomplete charge sheet
- forensic laboratory report
- possession of narcotics
- commercial quantity
- Supreme Court precedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6407 of 2026
Arising Out of PS. Case No.-356 Year-2024 Thana- TEGHRHA District- Begusarai
======================================================
Kanhaiya Kumar @ Kanhaiya Singh S/O Binay Singh @ Vinay Singh @
Binay Prasad Singh R/O Village- Chhitraur, ward No. 9, P.S.- Matihani,
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The accused/petitioner seeks bail in connection with
Teghra P.S. Case No. 356 of 2024 registered for the offences
under Sections 8 and 20(B)(ii)(c) of the N.D.P.S. Act.
3. The petitioner is named in the FIR and is in custody
since 23.10.2024.
4. Allegation against the petitioner is to have in
possession of 159.330 kg. of Ganja.
5. It is submitted by learned counsel appearing on behalf
of the petitioner that petitioner was traveling with his Scorpio
bearing Registration No. BR09PA-8181 and so as he reached to
Murli Toll Plaza, by that time one Swift Desire Car bearing
Registration No. BR01CE-1626 also arrived there. It is pointed out
that said Swift Desire car was found carrying the contraband, but
Patna High Court CR. MISC. No.6407 of 2026(2) dt.06-02-2026
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for the reason best known to the police, the petitioner, who was
traveling in his own vehicle, was implicated falsely with the present
case. It is submitted that even the charge-sheet was submitted
incomplete to defeat the right of default bail in view of Section
167(2) of Cr.P.C /187(2) of BNSS. In support of his submission,
learned counsel relied upon the legal report of Hon’ble Supreme
Court as available through Divyas Bardewa vs. Narcotics
Control Board reported in 2023 SCC OnLine SC 742, wherein
the matter for consideration of incomplete charge-sheet is pending
before the Hon’ble Supreme Court for larger consideration. While
concluding the argument, it is submitted that petitioner found
involved in three more cases of different nature, where he is on
bail.
6. Learned A.P.P. for the State, while opposing the
prayer for bail of the petitioner, submitted that petitioner was
found sitting in the car from where the contraband was recovered
which was much beyond commercial quantity of 20 kg, but fairly
conceded that incomplete charge-sheet was submitted against the
petitioner as same was submitted without obtaining FSL report,
ascertaining whether seized contraband was Ganja or not.
7. In view of aforesaid submission and by taking note of
the fact as the charge-sheet against the petitioner was submitted
Patna High Court CR. MISC. No.6407 of 2026(2) dt.06-02-2026
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without obtaining FSL report, where petitioner remains in custody
since 23.10.2024 and further by taking note of Divyas Bardewa
case (supra), accordingly, above-named petitioner is directed to
be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand only) with two sureties of the like amount each to
the satisfaction of learned District and Additional Sessions Judge-
I-cum-Special Judge, NDPS Act, Begusarai/concerned court, in
connection with Teghra P.S. Case No. 356 of 2024, subject to the
condition as laid down under Section 437(3) Cr.P.C/Section
480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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