Patna High Court
MD. HASIBversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, noting the absence of an FSL report and his clean antecedent.
Summary
The petitioner, Md. Hasib, was the driver of an auto from which police seized 887 bottles of codeine‑containing cough syrup, leading to an NDPS case under section 21(c). He claimed he had no knowledge of the contraband, which belonged to a passenger, and had no prior criminal record. The charge‑sheet was filed without a forensic science laboratory (FSL) report, a point highlighted by his counsel. The State opposed bail but did not contest the absence of the FSL report. Considering the petitioner’s role as driver, lack of antecedents, and the procedural lapse, the court ordered regular bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be recorded before the Sessions Judge‑cum‑Special Judge, NDPS Act, Araria.
Issues considered
- Whether bail can be granted in an NDPS case when the charge‑sheet is filed without an FSL report.
- Whether the driver of a vehicle from which narcotics are seized can be held liable absent proof of knowledge or participation.
Legislation cited
Subjects
- NDPS Act
- bail
- codeine
- driver liability
- forensic lab report
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68172 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- JOGBANI District- Araria
======================================================
Md. Hasib, S/o- Sadik @ Md. Siddik @ Sekh Saddik, Resident of village-
Amouna Ward No.-21, PS- Jogbani District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
Mr. Abhijeet Gautam, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 17-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jogbani P.S. Case no.67
of 2025, registered under section 21(c) of the N.D.P.S. Act.
3. As per the prosecution case, on secret information
having been received and checking being conducted, 887 bottles
of cough syrup containing codeine was seized from the auto
being driven by this petitioner.
4. Learned counsel for the petitioner submits that
besides the petitioner not having anything to do with the sack
containing the codeine syrup, which belongs to one of the
passengers, the petitioner has no criminal antecedent and in fact,
the so called charge-sheet has been submitted without there
being any FSL report. The petitioner undertakes to cooperate in
Patna High Court CR. MISC. No.68172 of 2025(5) dt.17-01-2026
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the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State, however it is not denied that the charge-
sheet was submitted in the case without the FSL report.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
petitioner being the driver of the auto from which the alleged
recovery is said to have taken place, his not having any criminal
antecedent and the charge-sheet having been submitted in the
case without the FSL report, in the facts of the case, the
petitioner is directed to be enlarged on bail in connection with
Jogbani P.S. Case no.67 of 2025, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sessions Judge
-cum- Special Judge, NDPS Act, Araria.
(Partha Sarthy, J)
avinash/-
U T
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