Patna High Court
Mukesh Singh @ MukeshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the charge‑sheet was incomplete and no forensic report had been produced, rendering the prosecution's case insufficient for continued detention.
Summary
Mukesh Singh was arrested in connection with a case under Sections 8 and 20(B)(ii)(c) of the NDPS Act for allegedly possessing 159.33 kg of ganja. He contended that the contraband was found in another vehicle and that the charge‑sheet filed against him was incomplete, lacking a forensic laboratory report. The State argued that he was found sitting in the car from which the narcotics were recovered, but also admitted the charge‑sheet’s incompleteness. The Court, noting the absence of a forensic report and relying on the pending Supreme Court precedent in Divyas Bardewa v. Narcotics Control Board, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the Bihar Narcotic and Psychotropic Substances Act. The petitioner was ordered to be released from custody.
Issues considered
- Whether bail can be granted when the charge‑sheet is incomplete and lacks a forensic laboratory report.
- Whether the petitioner can be held liable despite the contraband being found in a different vehicle.
- Whether the large quantity of narcotics (exceeding commercial limit) precludes bail.
- Application of Section 480(3) of the Bihar Narcotic and Psychotropic Substances Act in granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 167(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(c), 8
Subjects
- bail
- NDPS Act
- incomplete charge‑sheet
- forensic laboratory report
- quantity of narcotics
- commercial quantity
- Section 480(3) BNSS
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77046 of 2025
Arising Out of PS. Case No.-356 Year-2024 Thana- TEGHRHA District- Begusarai
======================================================
Mukesh Singh @ Mukesh S/o Late Shiv Shankar Prasad Singh @ Shivu
Singh R/o Village- Chaak, Ward No. 16, P.S- Matihani, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amritesh Kumar
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with
Teghra P.S. Case No. 356 of 2024 registered for the offences
under Sections 8 and 20(B)(ii)(c) of the N.D.P.S. Act.
3. The petitioner is named in the FIR and is in custody
since 23.10.2024.
4. Allegation against the petitioner is to have in
possession of 159.330 kg. of Ganja.
5. It is submitted by learned counsel appearing on behalf
of the petitioner that petitioner was traveling with his Scorpio
bearing Registration No. BR09PA-8181 and so as he reached to
Murli Toll Plaza, by that time one Swift Desire Car bearing
Registration No. BR01CE-1626 also arrived there. It is pointed out
Patna High Court CR. MISC. No.77046 of 2025(2) dt.06-02-2026
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that said Swift Desire car was found carrying the contraband, but
for the reason best known to the police, the petitioner, who was
traveling in his own vehicle, was implicated falsely with the present
case. It is submitted that even the charge-sheet was submitted
incomplete to defeat the right of default bail in view of Section
167(2) of Cr.P.C /187(2) of BNSS. In support of his submission,
learned counsel relied upon the legal report of Hon’ble Supreme
Court as available through Divyas Bardewa vs. Narcotics
Control Board reported in 2023 SCC OnLine SC 742, wherein
the matter for consideration of incomplete charge-sheet is pending
before the Hon’ble Supreme Court for larger consideration. While
concluding the argument, it is submitted that petitioner is a man of
clean antecedent.
6. Learned A.P.P. for the State, while opposing the
prayer for bail of the petitioner, submitted that petitioner was
found sitting in the car from where the contraband was recovered
which was much beyond commercial quantity of 20 kg, but fairly
conceded that incomplete charge-sheet was submitted against the
petitioner as same was submitted without obtaining FSL report,
ascertaining whether seized contraband was Ganja or not.
7. In view of aforesaid submission and by taking note of
the fact as the charge-sheet against the petitioner was submitted
Patna High Court CR. MISC. No.77046 of 2025(2) dt.06-02-2026
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without obtaining FSL report, where petitioner remains in custody
since 23.10.2024 and further by taking note of Divyas Bardewa
case (supra), accordingly, above-named petitioner is directed to
be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand only) with two sureties of the like amount each to
the satisfaction of learned District and Additional Sessions Judge-
I-cum-Special Judge, NDPS Act and P.O. of Children Court,
Begusarai/concerned court, in connection with Teghra P.S. Case
No. 356 of 2024, subject to the condition as laid down under
Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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