Patna High Court – Orders
Bindeshwar Ram @ Vindeshwar Ram vs The State Of Bihar on 7 March, 2025
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72604 of 2024
Arising Out of PS. Case No.-115 Year-2024 Thana- NARPATGANJ District- Araria
======================================================
1. Bindeshwar Ram @ Vindeshwar Ram, Son of Dukha Ram @ Dukhkha
Ram, R/O Banaili Patti, Police Station- Birpur, District- Supaul, Bihar
2. Rambali Ram, Son of Devnarayan Ram, R/O Gidarmari, Banaili Patti,
Police Station Birpur, District -Supaul, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
6 07-03-2025
Heard Mr. Kumar Ravish, learned counsel for the
petitioners and Mr. Awadhesh Kumar Singh, learned APP for the
State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Section 8/20(b)
(ii)(c) of the NDPS Act.
3. The case of the prosecution is that on 24.02.2024 at
about 02:00 O’ Clock, he got information that in the night, huge
quantity of ganja is about to be smuggled from Nepal to India
from boundary pillar No. 198/5. On the information, a team was
constructed, they kept the vigil at the place informed,
concealing themselves behind the bushes. At about 04:45 O’
Patna High Court CR. MISC. No.72604 of 2024(6) dt.07-03-2025
2/5
clock they saw two persons keeping sack on their head are
coming from Nepal towards India. When both persons entered
50 metres inside, the team apprehended them who disclosed
their name as Bindeshwar Ram and Rambali Ram. Total 52.300
kg of ganja was recovered from both the sacks, kept in 26
packets.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. They
have falsely been implicated in this case. They have got no
criminal antecedent. It is also submitted that the witnesses of
seizure list are not the independent witnesses and from perusal
of the seizure list, it transpires that the place of seizure is
premises of Basmatiya O.P., whereas from perusal of the FIR, it
transpires that the persons were apprehended near pillar No.
195/5. It has been submitted that nothing has been recovered
from the possession of the petitioners and the seizure has been
made at Basmatiya O.P. It is next submitted that Section 42 of
the NDPS Act has not been complied. Moreover, the petitioners
are languishing in judicial custody since 25.02.2024.
5. Learned counsel for the petitioners next submits
that in this case, charge-sheet was filed without the FSL report.
From perusal of the case diary, it transpires that the charge-sheet
Patna High Court CR. MISC. No.72604 of 2024(6) dt.07-03-2025
3/5
was filed on 07.09.2024 whereas, the report from FSL was
received on 30.09.2024, it means the charge-sheet has been filed
prior to the report of the FSL.
6. The prayer of the petitioners are two fold: First is
that nothing has been recovered from his physical possession
rather the recovery was made from the sacks which were
allegedly thrown away. Second is that the charge-sheet was filed
without FSL report. In answer to question No. 1, it is apparent
from the FIR itself that the accused persons were coming from
the side of Nepal who threw away the sacks which they were
carrying on their head and in those sacks 52.300 kg of ganja
was recovered; so it can safely be said that nothing was
recovered from the physical possession of the petitioners. In
answer to question No. 2, this issue has been discussed by the
Co-ordinate Bench of this Court 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
Patna High Court CR. MISC. No.72604 of 2024(6) dt.07-03-2025
4/5
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. In the present case, the Special Public
Prosecutor has not filed any application for extension of period
of the charge-sheet and the charge-sheet as per the contention of
the petitioners hae been filed without FSL report.
7. In the case of Rabi Prakash vs. the State of
Odisha, Hon’ble Supreme Court has held that the prolonged
incarceration generally militate against the most precious
fundamental right guaranteed under Article 21 of the
Constitution of India and in such situation, the conditional
liberty must override the statutory embargo created under
Section 37 sub-clause 1(b) of the NDPS Act. The charge-sheet
filed without FSL report does not ipso facto creates any
embargo against the fundamental right of a citizen enshrined in
Article 21 of the Indian Constitution.
8. Learned APP appearing for the State has opposed
the prayer of regular bail.
9. Having regard learned counsel for the parties and
Patna High Court CR. MISC. No.72604 of 2024(6) dt.07-03-2025
5/5
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Narpatganj P.S. Case No. 115 of 2024 on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Sessions-cum-
Special Judge, NDPS Act, Araria.
(Ashok Kumar Pandey, J)
lata/-
Sudhanshu/-
U T