Patna High Court
Amrita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the prayer for anticipatory bail, subject to the stipulated conditions.
Summary
Amrita Devi sought anticipatory bail fearing arrest in a narcotics case (PS Pachrukhi Case No. 461 of 2025) where police seized 78.736 kg of ganja from a suspect who claimed the drugs were to be delivered to her. The petitioner asserted that she was falsely implicated out of personal grudge, that no narcotic substances were found in her possession or home, and that she has a clean antecedent. The State opposed the bail, arguing the seriousness of the offences under Sections 20(B)(ii)C and 22 of the NDPS Act. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar NDPS Act, including surety bonds, personal appearance, and verification of antecedents. The order emphasized that any observations made would not affect the trial and that bail could be cancelled for non‑compliance or future similar offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged possession and delivery of a large quantity of ganja.
- Whether the petitioner’s claim of false implication and lack of incriminating material in her possession warrants bail.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNDS are appropriate.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)C, 22
Subjects
- anticipatory bail
- Narcotic Drugs and Psychotropic Substances Act
- false implication
- bail conditions
- criminal antecedent
- Section 438 CrPC
- Section 482 BNDS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2366 of 2026
Arising Out of PS. Case No.-461 Year-2025 Thana- PANCHRUKHI District- Siwan
======================================================
Amrita Devi, W/o- Ramnaresh Tiwary, R/v- Sahlaur Ps- Pachrukhi Sarai Dist-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Pachrukhi (Sarai) P.S. Case No. 461 of 2025 registered for the
offences under Sections 20(B)ii C, 22 of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. The prosecution case is to the effect that the police,
on secret information, apprehended one person, who disclosed
his name as English Tiwary and on search, three bags were
recovered from him containing 78.736 kg Ganja and one
mobile. The apprehended accused is said to have alleged that
Ganja was given by one Goria Kothi and he was going to
deliver the same to the petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2366 of 2026(3) dt.24-02-2026
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petitioner has falsely been implicated in this case out of personal
grudge and she has no concern whatsoever with the alleged
Ganja. It has next been submitted that no case under the
Narcotic Drugs and Psychotropic Substances Act, 1985, would
be made out against the petitioner, as no incriminating articles
have been recovered from the conscious possession of the
petitioner and from her house. It has lastly been submitted that
the petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, 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
Pachrukhi (Sarai) P.S. Case No. 461 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.2366 of 2026(3) dt.24-02-2026
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relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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