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Patna High Court

Mukesh Singh @ MukeshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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