Patna High Court
Shivam Kumar @ Shivam Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail and ordered his release on regular bail.
Summary
Shivam Kumar was arrested after police recovered 74.5 kg of ganja-like substance from two four‑wheelers. He was charged under Section 317(5) of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 20(b)(ii)(c) of the NDPS Act. The petitioner contended he was merely a passenger, not in possession, and that the charge‑sheet was filed after the statutory 180‑day period without any extension, entitling him to default bail. The State opposed bail, arguing the seriousness of the offence and the large quantity seized. The Court examined the delay in filing the charge‑sheet, the lack of possession, and the precedent on default bail under the NDPS Act, and consequently granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to default bail under Section 36(a) sub‑clause 4 of the NDPS Act due to the charge‑sheet being filed beyond 180 days without a valid extension.
- Whether the petitioner’s alleged role as a passenger, with no conscious possession of the seized narcotics, warrants bail.
- Whether the seriousness of the offence involving a commercial quantity of narcotics precludes the grant of regular bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 36(a) sub‑clause 4, 37(a) proviso, 8
Subjects
- bail
- NDPS Act
- charge‑sheet delay
- default bail
- narcotics possession
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80855 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- GHURNA District- Araria
======================================================
Shivam Kumar @ Shivam Kumar Sah Son of Arjun Sah R/o Village-
Devanganj, Ward No. 05, P.S.- Devcanganj, District- Sunsari (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Aggarawal, Sr. Advocate
Mr.Aditya Raj, Advocate
Mr. Kumar Raj Deep, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 317 (5) of
the BNS, 2023 and sections 8/20 (b) (ii) (c) of the N.D.P.S. Act.
3. The case of the prosecution is that the police
received information that certain persons are carrying
contraband in two four wheeler vehicles. The driver of the dark
gray colour scorpio managed to escape. Two persons were
found in the white scorpio; one of them was sitting in the
driver’s seat and was identified as Tarun Kumar Yadav and the
other was Shivam Kumar. From the white colour scorpio
vehicle 24 K.G and 12 KG of ‘ganja’ like substance were
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recovered and from the Grey Colour scorpio vehicle, 24 K.G.
and 14.500 K.G, totalling 74.500 K.G. of ‘ganja’ like substance
were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that a bare perusal of the FIR, it is clear that the
petitioner was sitting on the side seat of the driver. It is further
submitted that the petitioner is neither the driver nor the owner
of the vehicle, in question and that nothing has been recovered
from the conscious possession of this petitioner. It is also
evident from the FIR that the raiding was also not having a kit
to verify as to whether the seized material was ‘ganja’ or not,
i.e. why it has been written described in the FIR as ‘ganja’ like
substances. It is further submitted that from a perusal of charge
sheet, it is clear that the same was filed prior to the receipt of
FSL report.
5. From perusal of the record of this case, it appears
that Investigating Officer (I.O.) submitted charge sheet on
17.08.2025 and thereafter, continued with supplementary
investigation. A perusal of the FSL report shows that the same
was signed in the laboratory on 14.10.2025 much after the filing
of the charge sheet.
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6. In this regard, learned counsel for the petitioner
has relied an order of co-ordinate Bench of this Court passed in
Cr. Misc. No. 65898 of 2023, wherein the Co-ordinate Bench
has opined that from reading of Section 36(a) sub-clause 4 of
the NDPS Act, it appears that in the case of offence punishable
under Section 19 or Section 24 or Section 27(a) or for offences
involving commercial quantity, the charge-sheet can be
submitted within 180 days and if the charge-sheet is not
submitted within 180 days, the accused person is entitled for
default bail. The proviso to Section 37(a) speaks that public
prosecutor may take an extension of time for filing the charge-
sheet and 180 days time can be extended for a period up to one
year. After the public prosecutor files that progress report of the
investigation and gives specific reasons for detention of the
accused beyond the said period of 180 days.
7. It is further submitted that under the provision of
law, investigation of the case is required to be completed within
a period of six months which may be extended for every six
months on the prayer of Special Public Prosecutor, however, no
such extension was sought or granted in the present case.
8. Learned counsel for the petitioner has further
submitted that the petitioner is languishing in judicial custody
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since 18.08.2025. Moreover, similarly situated other co-accused
person has already been granted bail by this Court vide order
dated 03.09.2025 passed in Cr. Misc. No. 38414 of 2025.
9. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
10. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Ghurna P.S. Case No. 57 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge-cum-Special
Judge (NDPS Act), Araria.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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