Created by Fuzzy Cloud

Patna High Court

Upendra Kumar Yadav @ Upendra yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

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

Sign in to read

Checking your session…

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