Patna High Court
Vibha Devi @ Bibha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail must be granted as there is no material evidence of the petitioner’s conscious possession and she has a clean antecedent.
Summary
Vibha Devi was implicated in a narcotics case under Sections 8 and 20(b)(ii)(B) of the NDPS Act after co-accused persons, who were apprehended with 19 kg of ganja, alleged that she had supplied the contraband. The petitioner contended that she had no conscious possession of any narcotic, no material was recovered from her premises, and she possessed a clean criminal record. She applied for bail, arguing that the prosecution’s case rested solely on the confessional statements of the co-accused. The State opposed the bail application. The High Court, after considering the lack of direct evidence against the petitioner and her clean antecedents, granted bail subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order required her cooperation with the investigation and attendance at trial, with the possibility of bail cancellation for non‑compliance.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act when no narcotic is found in her possession.
- Whether the confessional statements of co‑accused persons suffice to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- narcotics
- possession
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15978 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- MUZAFFARPUR (R.T) District-
Muzaffarpur
======================================================
Vibha Devi @ Bibha Devi W/O Uday Yadav R/O Village- Bari Govindpur,
P.S - Dharahara, District - Munger, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kant Mani Tripathi, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 8, 20(b)(ii)(B) of the Narcotics Drugs
and Psychotropic Substances Act, 1985.
3. As per the prosecution case, police recovered 19
Kg. Ganja from two apprehended accused persons, who
disclosed that the contraband had been handed over to them by
the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case on the basis of confessional
statement of apprehended co-accused persons with whom, the
Patna High Court CR. MISC. No.15978 of 2026(3) dt.24-06-2026
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petitioner has no concern. There is no recovery of any
incriminating material from the house of the petitioner or from
her conscious possession. Further submission is that even the
recovery of contraband from co-accused persons is less than the
commercial quantity. Petitioner is a woman having no criminal
antecedent and she undertakes to cooperate in the investigation
and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation levelled against the petitioner, no recovery from
the conscious possession of the petitioner and clean antecedent
of the petitioner, let the above named petitioner be released on
bail, in the event of arrest or surrender before the learned court
below within a period of six weeks from today, on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Exclusive Special Court-I (N.D.P.S.),
Muzaffarpur in connection with Rail Muzaffarpur P.S. Case No.
94 of 2025, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita with further
Patna High Court CR. MISC. No.15978 of 2026(3) dt.24-06-2026
3/3
condition:-
(i) Petitioner shall co-operate in the investigation/trial
and shall remain present on each and every date during trial and
in her absence on two consecutive dates, the trial court is at
liberty to cancel her bail bond.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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