Patna High Court
Kajal DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to a bond, sureties, and verification of a clean antecedent.
Summary
Kajal Devi was arrested in Mehadiganj on 4 March 2026 for possession of 1.560 grams of ganja, alleged under sections 8 and 20(B)II(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. She applied for regular bail, claiming innocence, no prior criminal record, and highlighting that she is a woman. The State opposed the bail. The High Court, after considering the submissions and the petitioner’s gender, allowed the bail application, directing that she be released on a bond of Rs.10,000 with two sureties of the same amount, subject to verification of her clean antecedent by the lower court. The bail may be cancelled automatically if she is later found engaged in illegal activity. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether regular bail can be granted to an accused under sections 8 and 20(B)II(B) of the NDPS Act pending trial
- Whether the petitioner’s gender and lack of antecedent justify granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)II(B), 8
Subjects
- bail
- NDPS Act
- drug possession
- regular bail
- gender
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27126 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- MEHANDIGANJ District- Patna
======================================================
Kajal Devi W/o- Rajiv Kumar Village- Ranipur Morcha Ps- Mehadiganj Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.P.N.Shahi, Sr. Advocate
Mr.Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard Mr. P.N. Shahi, learned Senior Counsel for the
petitioner and Mr. Jharkhandi Upadhyaya, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Mehadiganj P.S. Case No. 63 of 2026 registered for the offence
under sections 8, 20(B)II(B) of the N.D.P.S. Act.
3. The recovery is of 1.560 gms of ganja from the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 04.03.2026
without any fault.
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
Patna High Court CR. MISC. No.27126 of 2026(2) dt.22-04-2026
2/2
7. Considering the submissions advanced on behalf of
the parties as well as the fact that petitioner is a woman, this
application is allowed.
8. Let the petitioner, above named, be released on bail
after framing of charge upon furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Session
Judge- cum- Special Judge (NDPS), Patna/ concerned Court
below, in connection with Mehadiganj P.S. Case No. 63 of
2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that she has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that she has clean
antecedent.
10. This is also subject to the condition that if, in case
in future, the petitioner is found engaged in such illegal activity,
her bail bond shall be automatically cancelled by the court
below.
(Sandeep Kumar, J)
tusharika/-
U T
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