Patna High Court
Laliya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S., 2023 — s. 111(2)(b)
- B.N.S.S. — s. 480(3)
- NDPS Act — s. 21(b), 29, 42, 50, 8(c)
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
Checking your session…