Patna High Court
BABITA DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Narcotic Substances Act — s. 103(2), 303(2)
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
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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
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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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