Patna High Court
Rajkumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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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