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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.2548 of 2026(2) dt.22-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.2548 of 2026(2) dt.22-01-2026
                                                       3/3




                     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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