Patna High Court
Devchandra SardarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding that procedural defaults and lack of conscious possession justified bail.
Summary
The petitioner, Devchandra Sardar, was arrested after a police raid recovered 106.5 kg of ganja from bushes, with the petitioner allegedly emerging from the scene. He contended that the substance was not in his conscious possession and that the charge‑sheet was filed without the mandatory forensic science laboratory (FSL) report and beyond the 180‑day period prescribed under the NDPS Act. The petitioner also highlighted that no extension under Section 37(a) was sought, and that a co‑accused had already been granted bail in a similar case. Relying on a prior decision of the Patna High Court (Cr. Misc. No. 65898 of 2023) interpreting Sections 36(a) and 37(a) of the NDPS Act, the court examined the procedural defaults. Considering the lack of conscious possession, procedural lapses, and the petitioner’s prolonged custody, the court ordered his release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail is warranted when the charge‑sheet is filed without the FSL report and beyond the statutory 180‑day period under the NDPS Act.
- Whether the petitioner was in conscious possession of the seized narcotic substance.
- Whether the provisions of Sections 36(a) sub‑clause 4 and 37(a) of the NDPS Act entitle the accused to default bail in the absence of a valid extension.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 36(a) sub‑clause 4, 37(a), 8
Subjects
- NDPS Act
- bail
- charge sheet
- FSL report
- default bail
- conscious possession
- procedural delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81118 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Devchandra Sardar S/o- Munilal Sardar Resident of Village- Gauripatti,
Panchayat- Dholi, P.S. and P.O.- Bhaptiyahi, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
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 8/20 (b) (ii)
(c) of the N.D.P.S. Act.
3. The case of the prosecution is that a from the
bushes, altogether 106.5 K.G. Ganja like substance was
recovered. The police received information that the miscreants
were involved in smuggling contraband articles. Acting upon
this information, the police conducted a raid at the place of
occurrence and found that the contraband was kept in five sacks.
Upon opening the sacks, 52 plastic packets were recovered. At
that time, the petitioner was allegedly coming out from the
bushes.
Patna High Court CR. MISC. No.81118 of 2025(4) dt.29-01-2026
2/4
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that the allegedly recovery of ‘ganja’ has not been
made from the conscious possession of this petitioner. It is also
submitted that it is not possible for the petitioner to carry such a
huge amount of ‘ganja’. It is further submitted that a bare
perusal of the case diary, it would transpire that in the present
case, charge sheets were filed without the FSL report and from
perusal of the supplementary case diary, it is clear that the FSL
was submitted before the Court on 01.12.2025 whereas charge
sheet had been filed much prior to the said date.
5. Learned counsel for the petitioner submits that his
prayer is twofold: firstly, that nothing has been recovered from
the conscious possession of this petitioner and secondly that the
charge sheet has been filed without FSL report.
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
Patna High Court CR. MISC. No.81118 of 2025(4) dt.29-01-2026
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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
since 15,07.2025. 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
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4/4
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
NDPS Case No. 77 of 2025 arising out of Bhaptiyahi P.S. Case
No. 162 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 District and Sessions Judge, NDPS Act,
Supaul.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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