Patna High Court
Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Pramila Devi, a 60‑year‑old widow, was arrested in connection with a case alleging recovery of 28 kg of ganja, of which 22 kg was said to have been recovered from her. She pleaded innocence, claiming the drugs were recovered from another individual and that she has a clean antecedent. The petitioner applied for regular bail under the NDPS Act, 1985. The State opposed the bail, but the court considered her age, lack of prior criminal record, and the circumstances of the case. The court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of regular appearance and verification of antecedents. The order expressly limited its observations to the bail application and did not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in an NDPS case involving alleged possession of 22 kg of ganja.
- Whether the petitioner’s age, clean antecedent, and claim of innocence justify bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B), 25, 29, IIB
Subjects
- bail
- NDPS Act
- regular bail
- age factor
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 19016 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Pramila Devi W/O Late Ashok Sah Resident of Nayaka Tola, P.S.- Rivilganj,
District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan, Adv.
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Rivilganj P.S. Case No. 10 of 2026 registered for the offence
under Sections 20(B)/IIB, 29 & 25 of N.D.P.S. Act, 1985.
3. As per the prosecution case, the total recovery of 28
kg ganja has been made in which 22 kg has been made from the
petitioner.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. He further submits that the ganja has been recovered
from one Jai Prakash @ Pappu but the petitioner, who is a
widow has falsely been implicated in this case. The petitioner is
in custody since 06.01.2026 and claims clean antecedent.
Patna High Court CR. MISC. No. 19016 of 2026(3) dt.13-05-2026
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5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the fact that the petitioner is a 60 years
old woman and has clean antecedent, this application for regular
bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Rivilganj P.S. Case
No. 10 of 2026 with condition that:-
(i) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(ii) At the time of acceptance of
bail bonds, the court below shall verify the
antecedents of the petitioner. The bail bonds
shall be accepted only upon confirmation
that the petitioner has no criminal
antecedent. However, such verification shall
not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No. 19016 of 2026(3) dt.13-05-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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