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Patna High Court

Rajkumari DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the contraband recovered exceeded the commercial quantity, invoking the bar under Section 37 of the NDPS Act.

Summary

The petitioner, Rajkumari Devi, was arrested on 30 January 2025 in connection with a case under Sections 20(b)(ii)(c), 23(c) and 29 of the NDPS Act after a search recovered 3.89 kg of charas. She applied for bail, claiming innocence, lack of contraband in her conscious possession, non‑compliance of Sections 42 and 50 of the NDPS Act, and invoking her status as a woman. The State opposed, arguing that the quantity seized exceeds the commercial limit, invoking the bar on bail under Section 37 of the NDPS Act. The Court examined the statutory provisions and the fact that the seized amount was above commercial quantity, concluding that the Section 37 bar applied. Consequently, the bail petition was rejected and the trial was directed to be expedited without undue delays.

Issues considered

  • Whether bail can be granted in an NDPS case where the seized narcotic exceeds the commercial quantity and Section 37 imposes a bar.
  • Whether non‑compliance of Sections 42 and 50 of the NDPS Act warrants bail.
  • Whether the petitioner’s gender is a factor in granting bail.

Legislation cited

  • NDPS Act — s. 20(b)(ii)(c), 23(c), 29, 37, 42, 50

Subjects

  • bail
  • NDPS Act
  • charas
  • commercial quantity
  • Section 37
  • gender
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1139 of 2026
                     Arising Out of PS. Case No.-10 Year-2025 Thana- SIKTA District- West Champaran
                 ======================================================
                 Rajkumari Devi Son of Munna Singh R/o Village - Gayghat, P.S. - Harsidhi,
                 Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Kumar Sharma, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Sikta PS

                   Case No. 10 of 2025 instituted for the offences under Sections

                   20(b)(ii)(c), 23(c) & 29 of the NDPS Act.

                           3. Prosecution allegation, in short, is that on 29.01.2025,

                   acting on confidential information apprehended the petitioner

                   and during the search, 3.89 kg of Charas was recovered.

                           4. learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner is in custody since 30.01.2025 and

                   has got one criminal antecedent. Charge-sheet has                            been

                   submitted in this case. There is no allegation of tampering of
           Patna High Court CR. MISC. No.1139 of 2026(2) dt.21-01-2026
                                                       2/2




                     witnesses alleged against the petitioner. Learned counsel further

                     submits that nothing has been recovered from the conscious

                     possession of the petitioner. There is no compliance of Sections

                     42 and 50 of the NDPS Act. It is lastly submitted that since

                     petitioner is lady, she may be enlarged on bail.

                             5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner. Learned A.P.P.

                     submits that recovered contraband is above the commercial

                     quantity, hence, there is bar under Section 37 of the N.D.P.S.

                     Act.

                             6. Considering the aforesaid facts and circumstances of

                     the case and recovery of contraband beyond commercial

                     quantity      coupled with embargo under Section 37 of the

                     N.D.P.S. Act, this Court is not inclined to grant bail to the

                     petitioner.

                             7. The prayer is rejected.

                             8. The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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