Patna High Court
PARWATI DEVI @ PARWATI KUMARIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to regular bail on the condition of a Rs 10,000 bond and two sureties.
Summary
Parwati Devi, a 20‑year‑old woman, was arrested in connection with offences under Sections 137(2) and 96/3(5) of the Bihar Narcotic Substances Act arising from a case in Bithan Police Station. The prosecution alleged that she had taken the informant’s daughter with ulterior motives, but the victim had already been recovered and a charge‑sheet had been filed. The petitioner, who has no prior criminal record and has been in judicial custody since 21 July 2025, applied for regular bail, arguing that there is no risk of absconding or tampering with evidence. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the clean antecedent, the length of custody already served, and the lack of any necessity for further custodial interrogation, ordered that bail be granted on a bond of Rs 10,000 with two sureties. The order thus enlarges the petitioner’s bail and releases her from further detention.
Issues considered
- What is the appropriate exercise of discretion by the court in granting regular bail to a petitioner accused under Sections 137(2) and 96/3(5) of the Bihar Narcotic Substances Act?
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 96/3(5)
Subjects
- regular bail
- bail petition
- criminal procedure
- clean antecedent
- judicial custody
- Bihar Narcotic Substances Act
- Sections 137(2)
- Section 96/3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1079 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- BITHAN District- Samastipur
======================================================
Parwati Devi @ Parwati Kumari D/O Manoj Sharma R/O Village- Ward No.
02, Jagmohra, P.S.- Bithan, District- Samastipur, Bihar
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shama Sinha, Advocate
Mr. Surya Prakash, Advocate,
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
G.R. No. 831 of 2025, arising out of Bithan P.S. Case No. 78 of
2025 for the offences registered under Sections 137(2) and
96/3(5) of the B.N.S.
3. As per the prosecution case, daughter of the
informant was taken by the petitioner with ulterior motives.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case with ulterior motives. It is submitted that no custodial
interrogation is required in the present case. The victim girl has
already been recovered. Petitioner is a young girl aged about 20
year having no criminal antecedent. She is in judicial custody
Patna High Court CR. MISC. No.1079 of 2026(3) dt.23-02-2026
2/2
since 21.07.2025. After completion of investigation, charge-
sheet has already been submitted. There is no chance of
absconding the petitioner or tampering with the evidence.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, clean antecedent
and period of custody undergone by the petitioner, let the
petitioner, named above, be enlarged on bail upon furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Rosera, Samastipur in connection with
G.R. No. 831 of 2025, arising out of Bithan P.S. Case No. 78 of
2025.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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