Patna High Court
Nigam Kumar @ Naman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Nigam Kumar, was arrested for alleged possession of 1.038 kg of charas and charged under sections 336(2), 317(4), 317(5) of the Bihar Narcotic Substances Act and section 20(B)(ii)(c) of the NDPS Act. He sought regular bail, contending that the seized substance was not in his conscious possession, that the seizure was effected without complying with Section 105 of the BNSS, and that the charge‑sheet was filed without the mandatory forensic scientific laboratory (FSL) report. He further argued that the charge‑sheet was filed beyond the 180‑day period prescribed under Section 36(a) sub‑clause 4 of the NDPS Act without any extension being granted, entitling him to default bail. The State opposed the bail, citing the seriousness of the offence. After considering the submissions and noting that a co‑accused had earlier been granted bail, the Court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of a commercial quantity of charas.
- Whether the failure to comply with Section 105 of the Bihar Narcotic Substances Act and the absence of an FSL report vitiate the charge‑sheet.
- Whether default bail under Section 36(a) sub‑clause 4 of the NDPS Act applies due to delay beyond 180 days without a valid extension.
- Whether the seriousness of the offences under the NDPS Act warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 317(4), 317(5), 336(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(c), 36(a) sub‑clause 4, 37(a)
Subjects
- bail
- NDPS Act
- default bail
- charge sheet
- forensic scientific laboratory report
- Section 105
- possession of charas
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91586 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- LAURIA District- West Champaran
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Nigam Kumar @ Naman Kumar Son of Raju Yadav R/o Village - Jurabganj,
Nayka Tola, P.S. - Kodha, Dist. - Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-01-2026 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 336 (2), 317
(4), 317 (5) of the BNS and Section 20(B), ii (c) of the N.D.P.S.
Act.
3. The case of the prosecution is that from the
possession of this petitioner altogether 1.038 KG of ‘charas’
like substance was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that nothing has been recovered from the conscious
possession of this petitioner. It is further submitted that all the
seizure list witnesses are police personnel and that while making
the alleged seizure, the police has not followed the mandatory
provision of Section 105 of the BNSS. It is further submitted
that from perusal of the charge sheet, it would transpire that the
Patna High Court CR. MISC. No.91586 of 2025(2) dt.30-01-2026
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charge sheet has been submitted without the FSL report
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
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
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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 12.02.2025 having no criminal antecedent. 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
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Lauriya P.S. Case No. 78 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 Exclusive Special Judge
(NDPS), Bettiah, West Champaran.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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