IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29397 of 2025 Arising Out of PS. Case No.-180 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Md. Rafique Alam @ Rafique Alam @ Dr Alam @ Rafik Alam Son of Late Subhan Miyan Village- Inarva Bazar, Po and Ps- Inarva, Dist- Bettiah, P/A- Ward no. 4, Nakched tola, Hanuman Gadhi, Motihari, East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar, Adv For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 4 29-08-2025 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 Bettiah Town P.S. Case No. 180 of 2024 registered for the offences under Section 414 of the IPC and Sections 8, 20(b) (ii)(c), 22(c) and 23(c) of the NDPS Act. 3. The petitioner is named in the F.I.R. and is in custody since 20.03.2025. 4. As per FIR 36 kilograms of charas was recovered from different co-accused persons from the motorcycle bearing reg. no. BR 22 V 1724. 5. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired on the basis of disclosure as made by apprehended co-accused person namely Faiyaz Miyan, who was granted bail by one of Patna High Court CR. MISC. No.29397 of 2025(4) dt.29-08-2025 2/4 the learned Co-ordinate Bench of this Court through Cr. Misc. No. 16906 of 2025 dated 02.07.2025. It is pointed out that nothing incriminating was recovered as alleged from the possession of this petitioner and also nothing transpired during the course of investigation, which may suggest that petitioner was under culpable mental state qua possession of contraband in view of Section 35 of the NDPS Act as to import the rigors of Section 37 of the NDPS Act. It is submitted that for larger consideration, submission of charge-sheet without FSL report be treated as incomplete charge-sheet as to qualify for default bail is pending before Hon’ble Supreme Court in the matter of Divyas Bardewa Vs. Narcotics Control Bureau through SLA (Crl.) No. 11628 of 2022. It is pointed out that considering aforesaid aspect, different learned Co-ordinate Bench granted bail to co-accused person, where charge-sheet was submitted without FSL report. 6. Arguing further learned counsel for the petitioner submitted that petitioner is an ayurvedic doctor, who was in enimical terms with main co-accused Faiyaz Miyan from the possession of whom alleged contraband was recovered as the Patna High Court CR. MISC. No.29397 of 2025(4) dt.29-08-2025 3/4 son of this petitioner lodged a criminal case on close relative of co-accused Faiyaz Miyan, which has been lodged as Bettiah Town P.S. Case No. 88 of 2022 and due to said enmities name of petitioner was disclosed in the present case. While concluding the argument it is submitted that petitioner found involved in three more cases, of different nature, in which he is on bail and moreover investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. 7. Learned APP appearing on behalf of the State, while opposing the prayer for bail could not dispute aforesaid factual and legal submissions. 8. In view of aforesaid factual submission and by taking note of fact as admittedly prima-facie nothing recovered from the possession of this petitioner, who is an ayurvedic doctor and appears in enimical terms with main co- accused Faiyaz Miyan, who is on bail, coupled with the fact as petitioner remains in custody since 20.03.2025, whereas charge-sheet was submitted without FSL report as discussed aforesaid, accordingly above named petitioner, is directed to Patna High Court CR. MISC. No.29397 of 2025(4) dt.29-08-2025 4/4 be released on bail in connection with Bettiah Town P.S. Case No. 180 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 Exclusive Special Judge (NDPS) West Champaran at Bettiah/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. S.Tripathi/- (Chandra Shekhar Jha, J.) U T