Created by Fuzzy Cloud

Patna High Court

Murad @ Md. MuradversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the charge was framed without the mandatory forensic report, outweighing the embargo provision.

Summary

Murad was arrested on 28 October 2024 in Kishanganj for alleged offences under Sections 8 and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, with 460.8 g of brown sugar, a mobile phone and a weighing machine seized. He applied for bail after a prior bail denial, arguing that he has a clean antecedent and that the charge sheet was framed without the mandatory forensic laboratory report required under Sections 42 and 50 of the NDPS Act. The prosecution contended that the quantity seized exceeds the commercial threshold, invoking the embargo on bail under Section 37, and noted that the trial had already commenced with two witnesses examined. The High Court noted the procedural defect of framing charges without the forensic report and, despite the commercial quantity, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that bail bonds be accepted without delay for verification purposes.

Issues considered

  • Whether bail can be granted despite the embargo under Section 37 of the NDPS Act when the quantity seized is commercial.
  • Whether the failure to produce a forensic laboratory report as mandated by Sections 42 and 50 of the NDPS Act invalidates the framing of charges and warrants bail.
  • Whether the petitioner’s clean antecedent and cooperation conditions justify bail.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • commercial quantity
  • forensic laboratory report
  • procedural lapse
  • embargo
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74596 of 2025
                    Arising Out of PS. Case No.-84 Year-2024 Thana- GALGALIYA District- Kishanganj
                 ======================================================
                 Murad @ Md. Murad S/o Noor Mohammad Resident of Churli, P.S.-
                 Kurlikot, District- Kishanganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   23-03-2026                     Heard Mr. Bhola Prasad, learned counsel for the

                   petitioner and Mr. Ajay Kumar Jha, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   28.10.2024 in Galgalia P.S. Case No. 84 of 2024, F.I.R. dated

                   27.10.2024 for the offences punishable under Sections 8 and 21

                   (c)of the Narcotic Drugs & Psychotropic Substance Act, 1985.

                               3. Recovery is of 460.8 gm of brown sugar, one

                   mobile phone and one silver color weight machine from the

                   possession of the petitioner. Earlier the bail petitioner was

                   rejected vide order dated 22.03.2025 in Cr.Misc. No. 14917 of

                   2025.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.74596 of 2025(5) dt.23-03-2026
                                            2/3




          implicated in the present case. He further submits that there is

          non-compliance of the mandatory provision of Sections 42 and

          50 of the N.D.P.S. Act. He further submits that the police after

          investigation submitted the charge sheet on 12.01.2025 and

          charge has been framed against the petitioner on 23.04.2025

          without the F.S.L report and the petitioner is in custody since

          28.10.2024.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the recovered contraband is more than the

          commercial quantity hence, there is embargo under Section 37

          of the N.D.P.S Act for grant of bail to the petitioner and apart

          from that trial has begun and out of nine charge sheet witnesses,

          two witnesses have been examined.

                       6. Considering the aforesaid facts and circumstances

          and the fact that charge has been framed against the petitioner

          without the F.S.L report, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Session Judge-cum-Special Judge

          (NDPS Act), Kishanganj in connection with Galgalia P.S. Case

          No. 84 of 2024, subject to the following conditions:-
            Patna High Court CR. MISC. No.74596 of 2025(5) dt.23-03-2026
                                                        3/3




                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

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.