Patna High Court
Roma Devi @ Roma KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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
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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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