Patna High Court
Somari DeviversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the magnitude of the seizure justified the continuation of custody.
Summary
The petitioner, Somari Devi, was arrested in connection with an NCB case where 2.45 kg of opium was seized and she was charged under Sections 8(c), 18(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. She applied for regular bail, claiming false implication, lack of prior criminal record, and that the seized quantity was intermediate rather than commercial. The prosecution, represented by the NCB, opposed the bail and sought time to file a counter‑affidavit. The Court, noting the substantial quantity of narcotics recovered, was not inclined to grant bail and dismissed the bail application. The trial was directed to proceed, with a provision that the petitioner may renew the bail prayer if the prosecution causes undue delay.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when a substantial quantity of narcotics (2.45 kg of opium) has been seized.
- Whether the intermediate quantity of narcotics warrants a presumption against bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- opium
- quantity of narcotics
- National Crime Branch
- criminal procedure
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22131 of 2026
Arising Out of PS. Case No.-4 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Muzaffarpur
======================================================
Somari Devi W/O Kailash Paswan R/O Vill.- Vrindavan, Ward No.- 9, P.s-
Tariyani, District- Sheohar
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Union of India through NCB, Patna Bihar. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Poonam Kumari, Advocate
For the State : Mr.Jharkhandi Upadhyaya, APP
For the U.O.I. : Mr.Shail Kumari, C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner, learned
Additional Public Prosecutor for the State and learned counsel
for the Union of India.
2. The petitioner seeks bail in connection with N.C.B.
Case No. 4/2025 registered for the offences punishable under
Sections 8(c), 18(c), 25 and 29 of N.D.P.S. Act.
3. As per the prosecution case, 2.45 kg of opium has
been recovered from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that the recovered quantity is less than commercial
quantity i.e. intermediate, therefore, the petitioner may be
Patna High Court CR. MISC. No.22131 of 2026(2) dt.08-04-2026
2/2
granted bail. Learned counsel further submits that he has no
criminal antecedents in which he is on bail and he is in custody
since 24.04.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned counsel for the N.C.B. seeks four weeks’
time to file counter affidavit.
6. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
7. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
8. Accordingly, this application stands dismissed.
9. The Trial Judge is directed to proceed with the trial
and the N.C.B. will cooperate in the trial. If the trial is delayed
by the prosecution, the petitioner may renew his prayer for bail.
(Sandeep Kumar, J)
tusharika/-
U T
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