Patna High Court
Baby deviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Baby Devi, the wife of Niru Rai, was arrested in connection with an NDNDPS case (sections 8(c) and 21(b)) after police claimed to have recovered 8.4 grams of a 'smack‑like' substance from her possession. She applied for regular bail, asserting her innocence, lack of any criminal antecedent, and that the seizure violated procedural requirements under Section 105 of the Bihar Narcotic Substances Act and Section 50 of the NDPS Act. The State opposed the bail application. The Court, after considering the facts, noted that the quantity involved was more than a small quantity but far below commercial quantity and that procedural lapses existed, and therefore ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in an NDPS case where the seized quantity exceeds the small‑quantity threshold but is below commercial quantity.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act and Section 50 of the NDPS Act during seizure warrants bail.
- Whether the petitioner’s lack of prior criminal record and prolonged pre‑trial custody justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 50, 8(c)
Subjects
- NDPS
- bail
- seizure
- procedural lapse
- small quantity
- commercial quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19721 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- RAJIVNAGAR District- Patna
======================================================
Baby devi wife of Niru Rai @ Biru Rai Resident Of village-Ganga Tola, P.s-
Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8(c) and
21(b) of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 8.4
grams of smack like substance was recovered from the
possession of this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. She has
falsely been implicated in this case. Nothing has been recovered
from the possession of this petitioner. Learned counsel for the
petitioner has submitted that while making seizure, Section 105
of B.N.SS. and Section 50 of NDPS Act have not been complied
Patna High Court CR. MISC. No.19721 of 2026(2) dt.25-03-2026
2/2
and the seizure list witnesses are police personnel. It has also
been submitted that though the quantum of the contraband
which has been recovered from the possession of this petitioner
is more than small quantity but is much less than commercial
quantity. Petitioner is having no criminal antecedent. Moreover,
she is languishing in judicial custody since 03.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Rajeev Nagar P.S. Case No. 01 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge,
Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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