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Patna High Court

Roma Devi @ Roma KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Roma Devi, wife of Deepak Kumar, applied for bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act, where 22.80 grams of brown sugar was seized from co‑accused Chhote Kumar. No contraband was found in her possession and she claims she was framed because of her prior criminal record. She has been in judicial custody since 13 January 2026. The State opposed bail, citing her antecedent. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing her to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 8(c) and 21(b) of the NDPS Act despite her criminal antecedent and lack of material recovered from her.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10789 of 2026
                   Arising Out of PS. Case No.-534 Year-2025 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Roma Devi @ Roma Kumari, Wife of Deepak Kumar @ Deepak Kumar
                 Sahu, R/o China Kothi, Singh Bhawan, P.S.- Budha Colony, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Buddha Colony P.S. Case No. 534 of 2025 registered for

                   the offence punishable under Sections 8(c) and 21(b) of

                   N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of one Chhote Kumar, altogether 22.80 gram of

                   brown sugar (smack) was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. She has been framed in this case only on

                   the basis her criminal antecedent. Nothing has been recovered

                   from her possession. Her name has been disclosed by co-
             Patna High Court CR. MISC. No.10789 of 2026(2) dt.23-02-2026
                                                         2/2




                       accused Chhote Kumar. Petitioner is a lady and she is

                       languishing in judicial custody since 13.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and petitioner is

                       having criminal antecedent of one case of similar nature.

                                    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 enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned District

                       & Sessions Judge-cum-Special Judge (NDPS), Patna in

                       connection with Buddha Colony P.S. Case No. 534 of 2025.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


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