Created by Fuzzy Cloud

Patna High Court

Mantu Paswan @ Mantu Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail and ordered his release on regular bail.

Summary

Mantu Paswan was arrested in a NDNDPS case alleging possession of 4 kg of opium. The petitioner contended that no narcotic substance was recovered from him, only two mobile phones, and that the charge‑sheet was filed without a forensic laboratory (FSL) report and without any extension of the statutory 180‑day period. Relying on Section 36(a) sub‑clause 4 and the proviso to Section 37(a) of the NDPS Act, the petitioner argued he was entitled to default bail. The State opposed the bail. The Court examined the lack of FSL report, the absence of an extension application, and the principle that default bail applies when the charge‑sheet is not filed within the prescribed period, and consequently ordered the petitioner to be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail can be granted when the charge‑sheet is filed without a forensic laboratory report.
  • Whether the petitioner is entitled to default bail under Section 36(a) sub‑clause 4 of the NDPS Act when the charge‑sheet is not filed within 180 days and no extension is sought.
  • Whether the recovery of narcotics from a co‑accused affects the bail eligibility of the petitioner.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • default bail
  • charge sheet
  • forensic laboratory report
  • commercial quantity
  • extension of time

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8272 of 2026
                      Arising Out of PS. Case No.-142 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Mantu Paswan @ Mantu Kumar Paswan Son of Binod Paswan Resident of
                 Village- Jori, P.S.- Bashishth Nagar, Jori, District- Chatra (Jharkhand)-
                 825403

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mohd Rustam Hussain, Advocate
                 For the Opposite Party/s :         Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with N.D.P.S. Case No. 161 of 2025 arising out of

                   Ramgarhwa P.S. Case No. 142 of 2025 registered for the offence

                   punishable under Sections 8, 18, 21(C), 22(C) and 29 of the

                   Narcotic      Drugs        and    Psychotropic     Substance       (in    short

                   ‘N.D.P.S.’) Act, 1985.

                                3. The case of the prosecution, in short, is that police

                   received a secret information that four persons are sitting in an

                   orchard and they are having talks regarding sale and purchase of

                   opium. On this information, two persons were apprehended by

                   the police, namely, Arjun Paswan and Mantu Paswan
Patna High Court CR. MISC. No.8272 of 2026(2) dt.06-02-2026
                                            2/4




          (petitioner) and from their possession 4 kg of opium like

          substance were recovered.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that nothing has been recovered from

          the possession of the petitioner rather the recovery, if any, has

          been made from the possession of co-accused Arjun Paswan.

          Only recovery of two mobiles have been made from the

          possession of this petitioner. It has also been submitted that in

          this case police has submitted charge-sheet without FSL.

          Learned counsel for the petitioner has submitted that the prayer

          of the petitioner is two fold. First is that nothing has been

          recovered from the possession of this petitioner and second is

          that charge-sheet has been filed without FSL report. Moreover,

          the petitioner is languishing in judicial custody since

          12.05.2025.

                       5. Learned counsel for the petitioner has further

          submitted that this case is squarely covered with the order

          passed by the learned Co-ordinate Bench in Cr. Misc. No.

          65898 of 2023, wherein the 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
Patna High Court CR. MISC. No.8272 of 2026(2) dt.06-02-2026
                                            3/4




          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.

                       6. In the present case, the Additional Public

          Prosecutor for the State has not filed any application for

          extension of period of the charge-sheet and the charge-sheet as

          per the contention of the petitioners has been filed without FSL

          report.

                       7. Learned APP appearing for the State has opposed

          the prayer of regular bail.

                       8. 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 enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the court of learned

          Exclusive Special Judge court no.1, NDPS Act, East Champaran
            Patna High Court CR. MISC. No.8272 of 2026(2) dt.06-02-2026
                                                        4/4




                      at Motihari in connection with N.D.P.S. Case No. 161 of 2025

                      arising out of Ramgarhwa P.S. Case No. 142 of 2025.

                                   9. Learned counsel for the petitioner has prayed that

                      one of the bailor should be close relative of the petitioner.

                                   10. The prayer of the learned counsel for the

                      petitioner is accorded.



                                             (Ashok Kumar Pandey, J)
durgesh/-

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.