Patna High Court

Chanchal DeviversusThe State of Bihar

Decided: 23 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Summary

Chanchal Devi was arrested in connection with a case under the Narcotic Drugs & Psychotropic Substances Act (Sections 8(c) and 21(b)) and Section 111 of the Bihar Narcotic Substances Act for allegedly possessing 33.14 grams of heroin. The petitioner claimed she was innocent, that no contraband was actually recovered from her, and that the police had failed to comply with Section 105 of the BNSS while making the seizure. She also highlighted her clean criminal record and that she had been in judicial custody since 11 February 2026. The State opposed the bail application. After hearing both sides, the Patna High Court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted in an NDPS case involving possession of 33.14 g of heroin.
Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure warrants bail.
Whether the petitioner’s lack of prior criminal record and the nature of the quantity affect the bail decision.

Legislation cited

Bihar Narcotic Substances Act — s. 105, 111
Narcotic Drugs & Psychotropic Substances Act — s. 21(b), 8(c)

Subjects

bail
NDPS Act
heroin possession
procedural lapse
first‑time offender
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27383 of 2026
                        Arising Out of PS. Case No.-93 Year-2026 Thana- RUPASPUR District- Patna
                 ======================================================
                 Chanchal Devi, Wife of Nandan Paswan @ Nandan Pa. Resident of village -
                 Chaksikandar Ward No.- 04, P.S.- Bidupur (Chaksikandar O.P.), District -
                 Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Bela Singh, Advocate
                 For the Opposite Party/s :        Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Rupaspur P.S. Case No. 93 of 2026 registered

                   for the offence punishable under Sections 8(c), 21(b) of the

                   Narcotic Drugs & Psychotropic Substances Act and Section 111

                   of the BNS.

                                3. The case of the prosecution, in short, is that from

                   the possession of this petitioner altogether 33.14 grams of

                   Heroin was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. She has been falsely implicated in this
            Patna High Court CR. MISC. No.27383 of 2026(2) dt.23-04-2026
                                                        2/2




                      case. She also submits that nothing has been recovered from the

                      possession of this petitioner. The witnesses of the seizure list are

                      police personnel and the police has not complied with Section

                      105 of the BNSS while making the seizure. She also submits

                      that the alleged recovery of contraband is though more than

                      small quantity but less than commercial quantity. Petitioner is a

                      lady having no criminal antecedent. Moreover, the petitioner is

                      languishing in judicial custody since 11.02.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Sessions Judge/ Special Judge(N.D.P.S.), Patna, in connection

                      with Rupaspur P.S. Case No. 93 of 2026.


                                            (Ashok Kumar Pandey, J)

khushbu/-

U      T

Continue reading with your account

Checking your session…