Patna High Court
Azma KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
Azma Khatoon was arrested in connection with an NDNDPS case for alleged possession of 5.50 kg of ganja. The petitioner, who has a clean antecedent, applied for regular bail before the Patna High Court. The prosecution alleged that the seized narcotics were found in her possession, invoking Sections 8, 20(b)(ii) and 23(c) of the NDPS Act. The court considered the seriousness of the quantity involved and was not persuaded to grant bail despite the petitioner’s clean record. Consequently, the court rejected the regular bail application, emphasizing that its observations were only prima facie for the bail matter and would not affect the trial.
Issues considered
- Whether regular bail can be granted to a person accused of possession of 5.50 kg of ganja under Sections 8, 20(b)(ii) and 23(c) of the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 23(c), 8
Subjects
- NDPS Act
- regular bail
- possession of narcotics
- clean antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25113 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- ADAPUR District- East Champaran
======================================================
Azma Khatoon W/o Sobrati Miyan Resident of Village- Parsauni, P.S.-
Parsauni, District- Bara, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
NDPS GR Case No. 16 of 2026 arising out of Adapur P.S. Case
No. 36 of 2026 registered for the offence under Sections 8,
20(b)(ii) and 23(c) of the NDPS Act.
3. As per the prosecution case, 5.50Kg of Ganja has
been recovered from the possession of the petitioner. The
petitioner is in custody since 03.02.2026 and has clean
antecedent.
4. Considering the recovery of ganja from the
possession of the petitioner, this Court is not inclined to grant
regular bail to the petitioner.
5. Accordingly, this application for regular bail stands
Patna High Court CR. MISC. No.25113 of 2026(2) dt.16-04-2026
2/2
rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.