Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the seized quantity is below commercial quantity and procedural safeguards under the NDPS Act were not complied with.
Summary
Anita Devi was arrested in connection with an NDPS case where 7.29 kg of ganja was seized, which is below the commercial quantity threshold. She pleaded innocence, had no prior criminal record, and no contraband was found in her personal possession. The charge sheet had been filed, and the prosecution alleged offences under Sections 8 and 20(b)(ii)(b) of the NDPS Act. The petitioner argued that Section 37 of the NDPS Act does not apply, and that the procedural requirements of Sections 42, 50 of the NDPS Act and Section 103 of the B.N.S.S., 2023 were not complied with. Considering the low quantity of narcotics, the absence of incriminating material on the petitioner, and the period of custody already served, the Court granted bail with a bond of Rs.15,000 and two sureties, subject to conditions of appearance and family surety. The bail order was issued on 22‑01‑2026.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is below commercial quantity.
- Whether the provisions of Sections 37, 42, 50 of the NDPS Act and Section 103 of the B.N.S.S., 2023 are applicable to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(b), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- quantity below commercial
- Section 8
- Section 20(b)(ii)(b)
- Section 37
- Section 42
- Section 50
- Section 103 B.N.S.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2548 of 2026
Arising Out of PS. Case No.-477 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
Anita Devi Son of Lt. Arun Sharma Resident Of Village - Aamgola Pankha
Tola, P.S. - Kazi Mohammadpur, Dist. - Muzzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in NDPS Case No. 166 of
2025, arising out of Kanti P.S. case No. 477 of 2025 instituted
for the offences under Sections 8, 20(b)(ii)(b) of N.D.P.S. Act.
3. Prosecution allegation, in short, is that during search
made by the police 7.290 kg ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 24.09.2025 and
has got no criminal antecedent. Charge-sheet has been
submitted in this case. No incriminating material has been
recovered from the conscious possession of the petitioner. The
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recovered contraband is below the commercial quantity. Hence,
Section 37 of the N.D.P.S. Act is not applicable in the present
case. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act. The provisions of Section 103 of B.N.S.S., 2023
has also not being complied with.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, charge-sheet being submitted and the period of
custody undergone by the petitioner and the recovered
contraband below commercial quantity, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with NDPS Case No. 166
of 2025, arising out of Kanti P.S. case No. 477 of 2025, subject
to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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