Patna High Court
Upendra Kumar Yadav @ Upendra yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, holding that the lack of an FSL report and the extended custody warranted release.
Summary
The petitioner, Upendra Kumar Yadav, was arrested on 28‑12‑2024 after a police raid recovered 920 grams of smack and other items, leading to charges under Sections 8(c), 21(c), 25 and 29 of the NDPS Act. He contended that the charge‑sheet was filed without a forensic science laboratory (FSL) report and that the investigation remained incomplete, resulting in his detention for over a year. The State opposed bail, arguing that the prosecution’s case was still pending. Relying on the precedent of Ram Babu Yadav v. State of Bihar, where bail was granted when a charge‑sheet was filed without an FSL report, the Court held that the absence of the report and the prolonged custody warranted relief. Consequently, the Court ordered the petitioner’s release on regular bail with a bond of Rs 10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether bail can be granted in an NDPS case when the charge‑sheet is filed without an FSL report under Section 36A(4) of the NDPS Act.
- Whether the prolonged pre‑trial detention of more than one year justifies the grant of bail.
- Whether the precedent set in Ram Babu Yadav v. State of Bihar is applicable to the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 167(2), 437(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 25, 29, 36A(4), 8(c)
Subjects
- bail
- NDPS Act
- forensic science laboratory report
- pre‑trial detention
- Section 36A
- charge‑sheet
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64305 of 2025
Arising Out of PS. Case No.-165 Year-2024 Thana- Bypass District- Bhagalpur
======================================================
Upendra Kumar Yadav @ Upendra yadav Son of Late Janku Prasad Yadav
Resident of Village -Khutaha Police Station- Bypass District -Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with NDPS Case No. 46 of 2025 arising out of Bypass
P.S. Case No. 165 of 2024, registered for the offences punishable
under Sections 8(c)/21(c)/25/29 of the NDPS Act.
3. On 28.12.2024 at about 6:15 PM, on secret
information, the informant intercepted a four-wheeler on
Bhagalpur–Hansdiha NH. On search, 920 grams of smack was
recovered from the dicky. The passenger and driver of the vehicle
disclosed their names as Deepankar Kumar and Upendra Kumar
Yadav (petitioner) and they were apprehended. From their
possession, cash, mobiles and a Jharkhand Police ID card were
also recovered.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.64305 of 2025(3) dt.22-01-2026
2/3
that the petitioner is innocent and has falsely been implicated. The
petitioner is under custody for more than a year. The charge-sheet
has been submitted without obtaining the FSL report. He has
submitted further that charge-sheet shows that the investigation is
incomplete against the petitioner. The investigating officer has
mentioned in the charge-sheet that the process of collection of
evidences is still continuing against the petitioner. He has also
submitted that in similar case, the Hon’ble coordinate Bench of
this Court in the case of Ram Babu Yadav vs. The State of Bihar
(Cr. Misc. No. 21326 of 2021) has granted bail to the petitioner.
The relevant portion of that order is being extracted hereinbelow:-
“Considering the submissions of the
parties, the Court finds considerable force in the
contention raised by the learned counsel for the
petitioner that though the present case is not with
regard to default bail, but then charge-sheet came to
be submitted in absence of F.S.L., merely because the
Investigating Officer felt that the accused would get
the benefit of default bail under Section 167(2) of the
Cr.P.C. amply reflects that the Investigating Officer
was not aware of the provisions relating to N.D.P.S.
Act and was completely oblivious of Section 36A(4)
of the N.D.P.S. Act as such mere filing of charge-
sheet in absence of F.S.L. does not justify the
incarceration of the petitioner in custody as such for
the present, for the purposes of bail, without
expressing any opinion on merits of the case, the
petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 25,000/- (Rupees Twenty
Five Thousand only) with two sureties of the like
amount each to the satisfaction of learned Additional
District and Sessions Judge-10, Sasaram, Rohtas in
Patna High Court CR. MISC. No.64305 of 2025(3) dt.22-01-2026
3/3
connection with Dinara (Bhanas O.P.) P. S. Case No.
267 of 2020 corresponding to N.D.P.S. Case No. 11
of 2020 subject to the condition as laid down under
Section 437(3) Cr.P.C.”
5. On the other hand, Sri Shailendra Kumar, learned
APP for the State has opposed the prayer for bail.
6. The petitioner has remained under custody for more
than a year and the process of collection of evidences is still going
on. The FSL report is awaited. There is nothing which shows that
the investigating officer has made request for extension of time in
terms of the proviso of Section 36A(4) of NDPS Act.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail
on furnishing bail bonds of Rs.10,000/- with two sureties of the
like amount each to the satisfaction of learned District &
Additional Sessions Judge-I, Bhagalpur in connection with NDPS
Case No. 46 of 2025 arising out of Bypass P.S. Case No. 165 of
2024, subject to the condition that the petitioner shall cooperate in
the disposal of trial and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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