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Patna High Court

MD. HASIBversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        2/2




                      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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