Patna High Court
Manoj Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, holding that the charge‑sheet filed without the forensic report and without a preliminary test renders the prosecution doubtful, entitling the accused to default bail.
Summary
Manoj Kumar Jaiswal was arrested in connection with a case under Sections 20(b)(ii)(c) and 29 of the NDPS Act after 31.883 kg of alleged ganja was seized from his house. The petitioner argued that the seizure was politically motivated, that the material was not confirmed as ganja before forensic testing, and that the charge‑sheet was filed without the forensic laboratory (FSL) report, rendering it incomplete. The State conceded that the charge‑sheet was filed without the FSL report and that the FIR did not record any preliminary test to identify the seized substance. Relying on the Supreme Court’s decision in Divyas Bardewa v. Narcotics Control Bureau, the court held that an incomplete charge‑sheet entitles the accused to default bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail can be granted when the charge‑sheet is filed without a forensic laboratory report.
- Whether the absence of a preliminary test to confirm the seized substance as ganja defeats the prosecution’s case.
- Whether the petitioner is entitled to default bail under the principles laid down by the Supreme Court.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 29
Subjects
- bail
- NDPS Act
- forensic report
- charge sheet
- default bail
- preliminary test
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64537 of 2025
Arising Out of PS. Case No.-8 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Manoj Kumar Jaiswal S/o Late Ramkishun Jaiswal, R/o Village - Simra, P.S -
Tikapatti, District - Purnea, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Vikram Rana, Advocate
Ms. Misha Bharti, Advocate
Mr. Utkarsh Vikram Rana, Advocate
Mr. Akash Priye, Advocate
Mr. Kumar Saurav Dev, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 09-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Tikapatti P.S. Case No. 08 of 2025 registered for the offences
under Sections 20(b)(ii)(c)/29 of the N.D.P.S. Act.
3. The petitioner is named in the F.I.R. and is in
custody since 11.04.2025.
4. As per FIR, total of 31.883 kilograms of ganja
was recovered from the house of petitioner.
5. Learned counsel appearing on behalf of the
petitioner submitted that name of this petitioner dragged in
the present FIR due to dirty village politics. It is pointed out
Patna High Court CR. MISC. No.64537 of 2025(3) dt.09-02-2026
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that as per FIR some ganja like substance was recovered
which even without any preliminary examination confirming
that same was ganja was seized and sealed. It is submitted
that even without any confirmation test that contraband was
ganja, a sample was drawn and sent for forensic examination
and even without obtaining the FSL report, the charge-sheet
was submitted against petitioner, who is otherwise a man of
clean antecedent.
6. Travelling further in argument, it is pointed out
by learned counsel that in fact it is also a case of default bail
because incomplete charge-sheet is not a charge-sheet in
terms of law and, therefore, considering the legal report of
Hon’ble Supreme Court as available through Divyas
Bardewa vs. Narcotics Control Bureau [2023 SCC
OnLine SC 742]. this petitioner is entitled for bail. It is
pointed out by learned counsel that cognizance was taken
without having FSL report on record. While concluding the
argument, it is submitted that investigation of this case has
already completed, and as such, there is no chance of
tampering with the evidence.
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7. Learned APP appearing on behalf of the State
while opposing the prayer for bail submitted that now FSL
report is available on record, which is fixed for framing of
charge, however he conceded that charge-sheet was
submitted without obtaining FSL report. It is also conceded
that FIR is not suggesting prima-facie any preliminary test to
ascertain seized material as ganja before sending sample for
its forensic examination.
8. In view of aforesaid facts and circumstances,
as mentioned above, and by taking note of fact as admittedly
charge-sheet in this matter submitted without FSL report in
the background that sampling was done without any
preliminary test ascertaining prima-facie that the seized item
was ganja, making entire prosecution doubtful on its face,
coupled with the fact as petitioner is a man of clean
antecedent, who remains in custody since 11.04.2025,
accordingly, above named petitioner, is directed to be
released on bail in connection with Tikapatti P.S. Case No. 08
of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
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satisfaction of learned Special Judge (NDPS Act),
Purnea/concerned court, subject to the conditions as
mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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