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Patna High Court

Laliya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond and conditions.

Summary

Laliya Devi was arrested for allegedly possessing 21.03 grams of heroin and her associate for 10.62 grams, offences under Sections 8(c), 21(b), 29 of the NDPS Act and Section 111(2)(b) of the Bihar Narcotic Substances Act, 2023. She claimed innocence, argued that the quantity was only intermediate, and highlighted non‑compliance of mandatory provisions such as Sections 42 and 50 of the NDPS Act. Being a 41‑year‑old woman with a minor child and already in custody since 18‑12‑2025, she sought bail. The State opposed the bail. The Court, considering her personal circumstances, the intermediate quantity, the filing of the charge‑sheet and the statutory lapses, granted bail on a bond of Rs 10,000 with two sureties and conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the accused in an NDPS case involving an intermediate quantity of heroin
  • Whether the alleged non‑compliance of statutory provisions (Sections 42 and 50 of the NDPS Act) affects the bail decision
  • Whether the personal circumstances of the accused (gender, age, minor child) warrant bail

Legislation cited

Subjects

  • bail
  • NDPS
  • heroin
  • intermediate quantity
  • statutory compliance
  • surety
  • Section 480(3)
  • gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25727 of 2026
                       Arising Out of PS. Case No.-698 Year-2025 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Laliya Devi Wife of Bhadai Mahato, Resident of Village -Tersia, PS -Ganga
                 Bridge, Distt -Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Prabhat, Advocate
                 For the Opposite Party/s :        Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-04-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Bidupur P.S. Case No. 698 of 2025, dated

                   17.12.2025, registered for the offences punishable under

                   Sections 8(c), 21(b) and 29 of the NDPS, Act and Section 111(2)

                   (b) of the B.N.S., 2023.

                                   3. As per the prosecution case, the petitioner was

                   apprehended carrying 21.03 grams of heroin. From the associate

                   of the petitioner recovery of 10.62 grams of heroin was made.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and she has falsely

                   been implicated in the present case. The alleged recovery from

                   the petitioner is 21.03 grams of heroin which comes under
Patna High Court CR. MISC. No.25727 of 2026(2) dt.17-04-2026
                                            2/3




          intermediate quantity as per the notification of Government of

          India. The petitioner is a woman aged about 41 years and having

          a minor child. There is non-compliance of statutory provisions

          which are mandatory in nature. There is also non-compliance of

          Section 50 of the NDPS Act or even Section 42 of the said Act.

          Learned counsel next submits that petitioner is having

          antecedent of one case in which she is on bail. Learned counsel

          lastly submits that petitioner is in custody since 18.12.2025 and

          chargesheet has been submitted.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner is a lady and further considering her

          period of custody and submission of chargesheet against her, the

          petitioner, above-named, is directed to be released on bail, on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

          Only) with two sureties of the like amount each to the

          satisfaction of learned Sessions Judge-cum-Special Judge

          NDPS, Vaishali at Hajipur / concerned Court, in connection with

          Bidupur P.S. Case No. 698 of 2025, subject to the condition

          laid down under Section 480(3) of the B.N.S.S. and other
          Patna High Court CR. MISC. No.25727 of 2026(2) dt.17-04-2026
                                                      3/3




                    following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three 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.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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