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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1549 of 2026

Arising Out of PS. Case No.-115 Year-2025 Thana- DUMARIAGHAT District- East

Champaran

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Saroj Kumar S/O Bharat Yadav Resident of village- Bhaudwa Tola, Ward no.

9, P.S.- Nakardei, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate

For the Opposite Party/s : Mr. Rajendra Nath Jha, APP

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

ORAL ORDER

2 29-01-2026 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. 78 of 2025 arising out of

Dumariyaghat P.S. Case No. 115 of 2025 registered for the

offence punishable under Sections 8 and 20(B)(II)(C) 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 contraband is being carried on

a four wheeler. On this information police started checking the

vehicles. When white colored car having Registration No. BR

09L2197 was coming in a high speed. It had only one person in

Patna High Court CR. MISC. No.1549 of 2026(2) dt.29-01-2026

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the car. The vehicle was stopped and the driver started fleeing

away who was apprehended. He was identified as the petitioner

and he disclosed that he is going to sell the charas like material

which has been purchased from Nepal and is being carried to

Haryana and from the car altogether 5.600 kg charas like

contraband was recovered.

4. Learned counsel for the petitioner has submitted

that nothing has been recovered from the possession of the

petitioner. Recovery has been made from the car. As per the case

of the prosecution, the petitioner has fled out of the car and was

apprehended. It has further been submitted that the petitioner is

neither owner nor the driver of the car. The witnesses of the

seizure list are police personnel. While making search police has

not complied Section 105 of the BNSS. It has also been

submitted that from perusal of the seizure list it will transpire

that the seizure list does not bear signature of the petitioner,

whereas the case of the prosecution is that the petitioner was

apprehended there.

5. Learned counsel for the petitioner has further

submitted that in this case police has submitted charge-sheet

without the FSL report and from perusal of the FIR it is clear

that the police party who has apprehended the petitioner was not

Patna High Court CR. MISC. No.1549 of 2026(2) dt.29-01-2026

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having any kit to detect as to whether the object which was

recovered is opium or not. That is why in the FIR it is written

that opium like substance was recovered. In this case, the

charge-sheet was filed on 15.10.2025 and from perusal of the

Annexure-2/1, the certified copy of the order sheet of the

learned trial court.

6. It is clear that from perusal of the order dated

03.11.2025 that the learned trial court has directed the office to

call for the report of FSL from the concerned office. Learned

counsel for the petitioner has submitted that this order sheet

goes to show that till 03.11.2025, the FSL report was not

available. Order dated 01.11.2025 is very specific wherein there

is endorsement to the effect that this record received on

transferred from the court of learned Principal District &

Sessions Judge, Motihari along with FIR case diary without FSL

report. Learned counsel for the petitioner has further submitted

that his prayer 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.

7. Learned counsel for the petitioner has further

submitted that this case is squarely covered with the order

passed by the learned