Patna High Court
Jatima KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail to the petitioners.
Summary
The petitioners, a brother and sister, were arrested for selling 205 grams of a brown sugar-like substance, alleged to be narcotic, under Sections 8(c), 21(b) and 29 of the NDPS Act. They applied for bail, arguing that the quantity was less than commercial quantity and that they had been in custody since 1 January 2026. The prosecution contended that the recovery indicated drug peddling. The Court observed that the accused were engaged in drug peddling and was not inclined to grant bail. Consequently, the bail application was dismissed, with the Court noting that its observations were limited to the bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted to accused under the NDPS Act for possession of a quantity less than commercial quantity.
- Whether the fact that the accused are a brother‑sister duo engaged in drug peddling warrants denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- drug peddling
- commercial quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21930 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- GALGALIYA District- Kishanganj
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1. Jatima Khatoon wife of Asraful Haque Resident of village- Jharbari
Sakuntala Chakulia Majara Ps- Chakulia District -Uttar Dinajpur (W.B.)
2. Md somarul Son of Md Amiruddin Resident Of Mohalla- Kachchubari
Bidhan Nagar, ps- Bidhan Nagar, Dist- Darjling (W.B)
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Galgalia P.S. Case No. 01 of 2026 registered for the offence
under Sections 8(c), 21(b), 29 of the NDPS Act.
3. As per the prosecution case, the recovery is of
two packets of brown sugar like substance weighing 205 grams
from the petitioners who were caught while selling the same.
4. The petitioners are in custody since 01.01.2026.
5. Learned counsel for the petitioners submits that
the petitioners are brother and sister and the recovery is less
than commercial quantity.
Patna High Court CR. MISC. No.21930 of 2026(2) dt.08-04-2026
2/2
6. Considering the fact that the brother and sister
duo are indulged in drug peddling, this Court is not inclined to
grant bail to the petitioners.
7. Accordingly, this application is dismissed.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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