Patna High Court
Munni BegumversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
- NDPS Act — s. 21(b), 29, 8(c)
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
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