Patna High Court
Malaika KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified bond and conditions.
Summary
Malaika Khatun was arrested in connection with a case under Sections 8(c), 21(B) and 29 of the NDPS Act for possession of 204 grams of heroin, an intermediate quantity. She has been in custody since 4 April 2025 and claims a clean antecedent. The petitioner’s counsel argued that the quantity was intermediate, the petitioner is a woman, and she has no prior record. The High Court, considering the period of custody, the intermediate quantity, the petitioner’s gender and clean antecedent, allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to verification of antecedent, monthly police‑station attendance and cancellation on default, without prejudice to the trial.
Issues considered
- Whether bail should be granted to a woman accused under the NDPS Act for possession of an intermediate quantity of heroin, considering her clean antecedent and the nature of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(B), 29, 8(c)
Subjects
- bail
- NDPS Act
- heroin
- intermediate quantity
- clean antecedent
- gender
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22197 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Malaika Khatun Wife of Md. Akhtar Khan Resident of Village- Banailipatti,
P.S.- Birpur, Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Singh, Advocate
For the State : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Birpur
P.S. Case No. 112 of 2025 registered for the offence punishable
under Sections 8(c), 21(B) and 29 of the NDPS Act.
3. From the petitioner, 204 grams of heroine has been
recovered.
4. The petitioner is in custody since 04.04.2025 and
claims clean antecedent.
5. It has been submitted by learned counsel for the
petitioner that the seizure is of intermediate quantity and the
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petitioner is a woman having clean antecedent.
6. Considering the period of custody, clean
antecedent, recovery of intermediate quantity and the fact that
the petitioner is a woman, this application is allowed.
7. 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
District and Additional Sessions Judge-VIII, Supaul/ concerned
Court in connection with Birpur P.S. Case No. 112 of 2025.
8. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
9. The petitioner will also mark attendance in BIrpur
Police Station, District- Supaul on the first Sunday of each
month. Any default in appearance at the Police Station would
result in cancellation of bail bonds of the petitioner.
10. 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 petitioner at
any subsequent stage of the trial and this Court has not express
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any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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