Patna High Court
Vishal Kumar @ Govind KumarversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The charge‑sheet filed without an FSL report is deemed incomplete, warranting the grant of bail to the accused.
Summary
Vishal Kumar and Prince Kumar were arrested after a police raid recovered 117 grams of cannabis resin, and they were charged under Sections 8(C) and 21(b) of the NDPS Act. The petitioners contended that they were falsely implicated and that the charge‑sheet was filed without the mandatory forensic science laboratory (FSL) report, rendering the investigation incomplete. Relying on precedents—Rampravesh Diswa v. State of Bihar (BLJ 2024(1) 776), Ram Babu Yadav v. State of Bihar (PLJR 2022(2) 462) and Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453—the Court held that a charge‑sheet lacking an FSL report cannot sustain continued detention. Consequently, the Court granted bail to both petitioners subject to a bond of Rs.10,000 each, two sureties, and several conditions including verification of criminal antecedents and regular court appearances. The bail order also stipulated that one surety must be a close relative and that bail could be cancelled for non‑compliance.
Issues considered
- Whether bail can be granted when a charge‑sheet is filed without an FSL report, indicating incomplete investigation under the NDPS Act.
- Whether the precedents cited require the court to grant default bail in such circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(C)
Subjects
- NDPS Act
- bail
- charge sheet
- forensic report
- incomplete investigation
- precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85308 of 2025
Arising Out of PS. Case No.-317 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
1. Vishal Kumar @ Govind Kumar S/O Vikash Prabhakar @ Bikash Prabhakar
@ Lalo R/O Village - Tilak Tol, Hemra, Ward No.- 41, P.S- Muffasil,
District- Begusarai.
2. Prince Kumar S/O Vikash Prabhakar @ Bikash Prabhakar @ Lalo R/O
Village - Tilak Tol, Hemra, Ward No.- 41, P.S- Muffasil, District- Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar
For the State : Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with N.D.P.S.
Case No. 71 of 2025 arising out of Begusarai Muffasil P.S. Case No.
317 of 2025 in a case registered for the offence punishable under
Sections 8(C) and 21(b) of the N.D.P.S. Act.
3. As per allegation, on 07.10.2025, police raided a
residence in Tilak Tol Hemra. The petitioners were apprehended
while attempting to flee, leading to recovery of 117 grams of smack
from the premises.
4. Learned counsel for the petitioners has submitted that
the petitioners are innocent and have falsely been implicated in the
present case. He has further submitted that petitioner no. 2 was
granted provisional bail and after appearing in examination, he has
Patna High Court CR. MISC. No.85308 of 2025(5) dt.20-02-2026
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surrendered. It has further been submitted without FSL report of the
seized article, the charge sheet has been submitted against the
petitioners which is an incomplete charge-sheet, without conclusion
of the investigation. He further drew my attention towards a
judgment of a Co-ordinate Bench of this Hon’ble Court in case of
Rampravesh Diswa vs. State of Bihar reported in BLJ 2024(1) 776.
The co-ordinate Bench of this Court relying upon the decision of
Ram Babu Yadav vs. State of Bihar reported in PLJR 2022 (2) 462
and the decision of Hon’ble the Supreme Court in the case of Uday
Mohanlal Acharya vs. State of Maharashtra reported in 2001 (5)
SCC 453 has held that charge sheet without FSL report is on the
ground of incomplete investigation and the petitioner of that case was
granted default bail on this ground only. The petitioners are persons
of clean antecedents and are in custody since 08.10.2025.
5. Learned APP for the State has opposed the prayer for
bail of the petitioners.
6. Considering the aforesaid facts and circumstances as
also the fact that without being any FSL report, the charge-sheet
has been submitted against the petitioners, let the petitioners
named above, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of learned Principal Sessions Judge,
Begusarai in connection with N.D.P.S. Case No. 71 of 2025 arising
out of Begusarai Muffasil P.S. Case No. 317 of 2025 with condition
Patna High Court CR. MISC. No.85308 of 2025(5) dt.20-02-2026
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that the petitioners shall cooperate with the trial of the case and make
themselves available as and when required by the court.
7. One of the bailors must be close relatives of the
petitioners such as mother, father, brother, sister or wife.
8. The petitioners will appear on each and every date
fixed by the Court below and if they fail to do so on two
consecutive dates, unless they are prevented by extremely
adverse circumstances, the learned Court below will be at liberty
to cancel the bail bonds of the petitioners.
9. Before accepting the bail bond, the criminal
antecedent of the petitioners shall be verified from all the police
stations of Begusarai District and if, it is found that they are
involved in any other case except the present one, their bail
bonds shall not be accepted.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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