Patna High Court
Mantu Paswan @ Mantu Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18, 21(C), 22(C), 29, 36(a) sub-clause 4, 37(a), 8
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
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(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
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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
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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
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