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Patna High Court

BABITA DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Petitioner Babita Devi sought anticipatory bail fearing arrest in a criminal case (Maner P.S. Case No. 739 of 2025) under sections 103(2) and 303(2) of the Bihar Narcotic Substances Act, relating to the death of her son. The prosecution alleged a dispute and alleged that the son died after consuming 'smack', but also suggested possible assault. The petitioner argued that she had recently undergone surgery, was advised not to move, and had no role in the alleged offence; she also highlighted the deceased's drug habit as a possible natural cause of death. The court examined the case diary, post‑mortem report and an independent witness statement confirming her medical condition. Considering her clean antecedents, gender, and lack of specific involvement, the court granted anticipatory bail with stringent conditions, including a bond, sureties, regular court appearances, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under sections 103(2) and 303(2) of the Bihar Narcotic Substances Act.
  • Whether there is a prima facie case against the petitioner sufficient to deny bail.
  • Whether the petitioner's medical condition and lack of alleged participation justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • section 103
  • section 303
  • health condition
  • drug consumption
  • bail conditions
  • gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13921 of 2026
                         Arising Out of PS. Case No.-739 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 BABITA DEVI W/O Sri Sushil Ray @ Soshil Kumar @ Susil Ray @ Sushil
                 Kumar R/o vill - Khaspur Math, P.S.- Maner, Distt.- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Kant Kumar, Advocate
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   29-04-2026                  Heard the parties.

                                2. The petitioner is apprehending her arrest in

                   connection with Maner P.S. Case No. 739 of 2025 for the offence

                   under sections 103(2) and 303(2) of the BNS lodged on

                   05.10.2025 by the informant, Budhiya Devi.

                                3. As per the prosecution story, the lady informant

                   alleged that there was a dispute with the agnates and on the fateful

                   day, she went for the work. Upon return, found her son to be in

                   unconscious state, took him to the hospital but was declared dead.

                   Accordingly, the FIR against the named accused.

                                4. Learned counsel for the petitioner submits that the

                   deceased was in the habit of consuming smack, a fact which has

                   also been taken note of by the Police, he died natural death and/or

                   may have a fall due to consummation of smack but due to earlier

                   dispute, entire family members have been named.

                                5. He further submits that this petitioner is a lady and
Patna High Court CR. MISC. No.13921 of 2026(3) dt.29-04-2026
                                            2/3




          had recently undergone operation and was advised by the Doctor

          not to move and as such, incorporating her name in the FIR clearly

          show mala fide intention.

                       6. In this case, the Coordinate Bench had called for the

          case diary and postmortem report which is/are available and

          paragraph-41 of the case diary records the statement of the

          independent witness which supports the submission put forward

          by the learned counsel for the petitioner that this petitioner has

          recently undergone operation and was advised not to move.

                       7. Learned APP opposes the prayer submitting that the

          dispute was there and though the consummation of smack is there

          in the case diary, assault theory has also not been ruled out in the

          postmortem report.

                       8. Taking into account the submissions of the parties as

          also the fact that the petitioner is a lady, no specific role assigned

          to her and has clean antecedent, in that background, this Court is

          inclined to extend her the privilege of anticipatory bail with

          conditions.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the receipt

          of this order, on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of like amount each to the satisfaction

          of learned JMFC at Danapur, Patna in connection with Maner P.S.
          Patna High Court CR. MISC. No.13921 of 2026(3) dt.29-04-2026
                                                      3/3




                    Case No. 739 of 2025 subject to the following conditions:

                                 (i)   one    of    the     bailor   should   be   the   family

                    member/relative of the petitioner who shall provide official

                    document (Aadhaar Card/Voter ID Card/Pan Card/Driving

                    License) to show his/her bona fide;

                                 (ii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of her bail

                    bond by the Trial Court itself;

                                 (iii) the petitioner shall be appearing before the Police

                    Station as and when required for cooperating in the investigation;

                                 (iv) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty to

                    take steps for cancellation of her bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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