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Patna High Court – Orders
Munshi Singh @ Bhanshi Singh vs The State Of Bihar on 30 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30507 of 2025
Arising Out of PS. Case No.-136 Year-2024 Thana- INARWA District- West Champaran
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Munshi Singh @ Bhanshi Singh S/o- Late Ramashrey Singh Resident of
Village- Radhiya Rai, Tola, P.S.- Govindganj, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Adv
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 30-08-2025
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Inarawa
P.S. Case No. 136 of 2024 registered for the offences under
Sections 8, 20(B)(II)B and 23 (b) of the NDPS Act.
3. The petitioner is named in the F.I.R. and is in custody
since 25.10.2024.
4. The allegation against the petitioner is to have in
possession of 4.4 kilograms of contraband i.e., ganja which was
found carried by petitioner in a carry bag.
5. Learned counsel appearing on behalf of the petitioner
submitted that in the present case charge-sheet was submitted by
investigating agency without obtaining FSL report and, therefore,
Patna High Court CR. MISC. No.30507 of 2025(3) dt.30-08-2025
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the petitioner is entitled for default bail. It is further submitted that
as issue is pending before Hon’ble Supreme court for larger
consideration in the matter of Divyas Bardewa Vs. Narcotics
Control Bureau through SLA (Crl.) No. 11628 of 2022 and
considering aforesaid, different learned Co-ordinate Benches of
this Court are granting bail to co-accused persons, where charge-
sheet was submitted without FSL report. It is further submitted
that by taking note of recovered quantity of contraband, rigors of
Section 37 of the NDPS cannot be imported being non-commercial
quantity. While concluding the argument it is submitted that
petitioner is a man of clean antecedent.
6. Learned APP appearing on behalf of the State, while
opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of fact as incomplete charge-sheet was submitted without
FSL report and recovered quantity of contraband is less than
commercial quantity, coupled with the fact as petitioner is a man
of clean antecedent, who remains in custody since 25.12.2024,
accordingly above named petitioner, is directed to be released on
bail in connection with Inarawa P.S. Case No. 136 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.30507 of 2025(3) dt.30-08-2025
3/3
District and Sessions Judge, Bettiah, West Champaran/concerned
court, subject to the conditions as mentioned under Section
480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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