Patna High Court
Phool Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted where the seized narcotic quantity is below commercial quantity and the statutory conditions of Sections 37, 42 and 50 of the NDPS Act are not satisfied, especially when the accused has no prior record and parity exists with a co‑accused.
Summary
Phool Kumari Devi was arrested in connection with a police case alleging possession of 10.400 kg of ganja under Sections 8 and 20(b)(ii)(B) of the NDPS Act. She contended that she was falsely implicated, had no prior criminal record, and that the seized quantity was below the commercial threshold, rendering Section 37 inapplicable. The State opposed bail, arguing the seriousness of the offence. The High Court noted the absence of witness tampering, the non‑application of Sections 42 and 50, and the fact that a co‑accused had already been granted bail, and therefore found parity and the low quantity sufficient to justify bail. Consequently, the Court ordered her release on bail with a bond of Rs.15,000 and two sureties, subject to conditions of appearance and family surety.
Issues considered
- Whether bail can be granted to an accused under Sections 8/20(b)(ii)(B) of the NDPS Act when the seized narcotic quantity is below commercial quantity.
- Whether Section 37 of the NDPS Act applies in such circumstances.
- Whether compliance with Sections 42 and 50 of the NDPS Act is required for bail.
- Whether parity with a co‑accused who has been granted bail influences the decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 37, 42, 50, 8
Subjects
- NDPS Act
- bail
- possession of narcotic
- commercial quantity
- parity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10922 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- DARBHANGA GRP CASE District-
Darbhanga
======================================================
Phool Kumari Devi Wife of Ranjeet Sahni R/o Village -Kamrouli Kumarpatti,
Ps- Simri, Dist -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Rail
P.S. Case No. 171 of 2025, Darbhanga GR P.S. Case No. 171 of
2025 instituted for the offences under Sections 8/20(b)(ii)(B) of
the N.D.P.S. Act.
3. Prosecution case, in short, is that 10.400 kg ganja is
alleged to have been recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 06.12.2025 and has no criminal antecedent. There
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is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
the conscious possession of the petitioner. Petitioner has no
concern with the alleged recovery. The recovered contraband is
below commercial quantity, and hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act. The co-
accused person has already been granted bail by a coordinate
Bench of this Court vide order dated 04.02.2026 passed in Cr.
Misc. No. 6484 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity, recovered contraband being
less than the commercial quantity as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rail P.S. Case No.
171 of 2025, Darbhanga GR P.S. Case No. 171 of 2025, subject
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to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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