Patna High Court
Gunja Kumari @ Gunja deviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that bail could not be granted and dismissed the bail petition.
Summary
Gunja Kumari was arrested in connection with a case under sections 8(c) and 219b of the NDPS Act for alleged recovery of six grams of 'smack' from a shop where she and her husband used to sit. She pleaded innocence, claiming she had no conscious possession and was implicated only because of allegations against her husband. The State opposed bail, stating that the shop was used for drug activities and that local residents had warned the couple to desist. The court examined the allegations and the nature of the offence under the NDPS Act. Finding that the circumstances did not warrant bail, the court rejected the petition for bail.
Issues considered
- Whether bail should be granted to the accused under sections 8(c) and 219b of the NDPS Act in the present facts
- Whether the petitioner had conscious possession of the seized narcotic substance
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 219b, 8(c)
Subjects
- bail
- NDPS Act
- conscious possession
- drug offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15726 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- ARARIA District- Araria
======================================================
Gunja Kumari @ Gunja devi D/o- Bechan Prasad Sah Jayprakash Nagar,
Mushari Tola, W.No-7, Ps- Araria Dist- Araria, A/P- Jaiprakash Nagar,
Mushari Tola W.No-7, Ps- Araria Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tejas Vatsa, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Araria P.S. Case No. 315 of 2025 lodged on 05.08.2025,
for the offences punishable under sections 8(c) and 219b) of the
NDPS Act.
3. As per the prosecution, recovery of 6 grams of smack
is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is further
submitted that the antecedents of the petitioner are clean. It is
also submitted that the alleged recovery has not been made from
the conscious possession of the petitioner; rather, her name has
Patna High Court CR. MISC. No.15726 of 2026(2) dt.25-03-2026
2/2
been implicated only on account of the allegations against her
husband.
5. Learned APP for the State vehemently opposes the
prayer for bail and submits that the alleged recovery has been
made from a shop where both the petitioner and her husband
used to sit. It is further submitted that, as per the F.I.R., persons
of the locality had earlier objected to the petitioner and her
husband and warned them not to indulge in activities such as
selling NDPS substances from the said shop, but they ignored
such warnings.
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with the aforementioned case,
pending before the learned Sessions Jude cum Special Judge,
NDPS, Araria is hereby rejected.
(Dr. Anshuman, J)
Ashwini/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.