Patna High Court
Jagiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Jagiya Devi, was arrested after 21.64 kg of ganja was seized, with 10.96 kg allegedly recovered from her possession. She applied for bail, asserting false implication, no prior criminal record, and lack of any incriminating material in her conscious possession. The State opposed bail, invoking the seriousness of the offences under Sections 8(c) and 20(b)(ii)(b) of the NDPS Act. The court noted that Sections 42 and 50 of the NDPS Act had not been complied with and considered the period of custody already served. Finding the petitioner’s claim plausible and the quantity only slightly above commercial limits, the court granted bail on a Rs.15,000 bond with two sureties and imposed conditions regarding appearance and non‑tampering with evidence. Bail may be cancelled if any condition is violated.
Issues considered
- Whether bail should be granted to the accused under Sections 8(c) and 20(b)(ii)(b) of the NDPS Act.
- Whether the lack of compliance with Sections 42 and 50 of the NDPS Act affects the grant of bail.
- Whether the quantity of narcotic seized and the circumstances of possession justify denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- false implication
- seizure
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12355 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- BHUTAHI District- Sitamarhi
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Jagiya Devi Wife of Manidas Sada Resident of Village - Hanuman Nagar,
Lalbandi Darbar, Ward No.- 04, P.S.- Sonbarsa, District - Sitamarhi (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhutahi
P.S. Case No. 121 of 2025, instituted for the offences under
Sections 8(c), 20(b)(ii)(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 21.640 Kg of
Ganja has been recovered in this case. Out of which 10.960 Kg
of Ganja has 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 11.09.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.12355 of 2026(2) dt.12-03-2026
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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
just above the commercial quantity. There is no compliance of
Sections 42 and 50 of the N.D.P.S. Act.
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, 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, after framing
of charge, if not already framed, 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 Bhutahi P.S. Case
No. 121 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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