Created by Fuzzy Cloud

Patna High Court

Munni BegumversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Munni Begum was arrested in a case under sections 8(c), 21(b) and 29 of the NDPS Act after 7.74 grams of a narcotic substance was seized from her house. She claimed innocence, arguing that the seizure violated Section 105 of the Bihar Narcotic Substances Act and that the seized quantity, though more than a small amount, was far below commercial quantity. The petitioner also highlighted her lack of prior criminal record and that she had been in judicial custody since 30 November 2025. The State opposed the bail application. After hearing both sides, the court found merit in the petitioner's arguments and ordered her 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 under the NDPS Act given the quantity of narcotic seized
  • Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act
  • Whether the petitioner’s lack of criminal antecedents and custodial duration warrant bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • seizure
  • procedural lapse
  • quantity
  • criminal antecedent
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10676 of 2026
                     Arising Out of PS. Case No.-65 Year-2025 Thana- KURLIKOT District- Kishanganj
                 ======================================================
                 Munni Begum W/O Md Jaidul Resident of Village- Jamniguri, P.S- Kurlikot,
                 Distt.- Kishanganj, Bihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mohammad Akhter Hussain, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-02-2026                    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 sections 8(c), 21(b)

                   and 29 of the NDPS Act.

                                3. The case of the prosecution is that altogether 7.74

                   grams of smack like intoxicating substance recovered from the

                   house of this petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. She has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner has submitted that while making seizure, Section 105

                   of B.N.SS. has not been complied and the seizure list witnesses

                   are police personnel. It has also been submitted that though the
            Patna High Court CR. MISC. No.10676 of 2026(2) dt.24-02-2026
                                                        2/2




                      quantum of the contraband which has been recovered from the

                      possession of this petitioner is more than small quantity but is

                      much less than commercial quantity. Petitioner is having no

                      criminal antecedent. Moreover, she is languishing in judicial

                      custody since 30.11.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. 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

                      Kurlikot P.S. Case No. 65 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 Sessions Judge-cum-Special

                      Judge (NDPS Act), Kishanganj.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.