Patna High Court
Heera TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond and conditions.
Summary
Heera Tiwari was arrested in connection with a narcotics case where 1.25 kg of charas was seized from a motorcycle and two mobile phones were recovered from him. He filed an application for regular bail, contending that no incriminating article was found on his person, the chargesheet was filed without the mandatory forensic science laboratory (FSL) report, and he had no prior criminal record. The prosecution opposed bail, relying on the NDPS and Bharatiya Nyaya Sanhita charges. The court noted the absence of the FSL report at the time of filing, the petitioner’s prolonged custody since 20‑08‑2025, and the Supreme Court’s decision in Divyas Bardewa v. Narcotics Control Bureau which granted bail in similar circumstances. Accordingly, the court ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions of personal appearance and possible cancellation for non‑cooperation.
Issues considered
- Whether bail can be granted when the chargesheet is filed without the forensic science laboratory report.
- Whether the petitioner’s lack of incriminating material and absence of independent witnesses justify bail.
- Whether the period of custody and the petitioner’s clean record warrant bail under the Bharatiya Nyaya Sanhita and NDPS Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 23, 25, 29
Subjects
- bail
- chargesheet
- forensic report
- NDPS Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- false implication
- custody
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90892 of 2025
Arising Out of PS. Case No.-362 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Heera Tiwari S/o Ramesh Tiwari R/o Ramashish Chowk, P.S.- Sadar Town,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mr. Shivam, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 24-06-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kuchaikote P.S. Case
no. 362 of 2025 registered under sections 317(5) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and sections 20(b)(ii)(C), 23, 25
and 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985.
3. As per the prosecution case, on the three accused
persons including the petitioner being stopped and search being
carried out, it is stated that while 1.25 kgs of charas was
recovered from the motorcycle in question. So far as the
petitioner is concerned, two mobile phones were recovered from
his possession.
Patna High Court CR. MISC. No.90892 of 2025(6) dt.24-06-2026
2/3
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from his possession and he
has been falsely implicated in the case. No independent witness has
supported the prosecution case and the petitioner has no concern with
the seized article or the motorcycle in question. Chargesheet has been
submitted without the FSL report and thus the chargesheet being
incomplete, the petitioner is entitled for bail.
5. Learned counsel for the petitioner relies on the
judgment of the Hon’ble Supreme Court in the case of Divyas
Bardewa vs. Narcotics Control Bureau; 2023 SCC OnLine SC 742 to
submit that in case of submission of chargesheet without the FSL
report being on record, taking into consideration the period in
custody the Hon’ble Supreme Court had enlarged the petitioner
therein on bail. It is submitted that the petitioner in the instant case is
in custody since 20.8.2025 and has no criminal antecedent. He
undertakes to cooperate in the investigation/trial.
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the FSL report
having been submitted subsequent to the submission of the
Patna High Court CR. MISC. No.90892 of 2025(6) dt.24-06-2026
3/3
chargesheet in the case, submissions made on behalf of the
petitioner and the petitioner having remained in custody since
20.8.2025, the Court directs the petitioner to be enlarged on bail in
connection with Kuchaikote P.S. Case no. 362 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Principal
District and Sessions Judge, Gopalganj on the following
conditions:
(i) The petitioner shall remain physically present in
Court on each date of the trial.
(ii) One of the bailors of the petitioner shall be a close
relative of the petitioner.
(iii) In case the petitioner is absent on any single date
for reasons not to the satisfaction of the learned trial Court or
the learned trial Court is of the opinion that the trial is being
delayed due to non-cooperation on part of the petitioner, the
learned trial Court may cancel the bail bond of the petitioner
and take him into custody till conclusion of the trial.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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