Patna High Court
Kanchan DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Kanchan Devi, the wife of alleged drug trafficker Rajesh Narayan Upadhyay, was arrested after 2.56 kg of heroin was recovered from her husband’s house. She applied for bail under the NDPS Act, asserting that no contraband was found on her, the seizure list was signed only by her husband and not by her, and that she has no prior criminal record. The State contended that the recovery from the house implicated her. The Court examined the absence of direct possession, the procedural lapse in the seizure documentation, and her prolonged custody since September 2025. Considering these factors, the Court ordered that she be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The order directs compliance with the Special Judge of the NDPS Act, Buxar.
Issues considered
- Whether bail should be granted in an NDPS case where the accused is only the spouse of the alleged drug trafficker and no contraband is found in her possession.
- Whether the failure to comply with Section 105 of the BNSS and the lack of the petitioner’s signature on the seizure list constitute a ground to grant bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(b), 25, 27(a)
Subjects
- bail
- NDPS Act
- drug trafficking
- spouse liability
- seizure list
- procedural defect
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27603 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- DUMRAO District- Buxar
======================================================
Kanchan Devi wife of Rajesh Narayan Upadhyay Resident of Village -Ekauni
PS- Dumraon District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Satyapal Singh, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Dumraon P.S. Case No.192 of 2025 registered for the offence
punishable under Sections 21(c), 22(b), 25, 27(a) of N.D.P.S. Act.
3. The case of the prosecution is that from the house of
the petitioner’s husband altogether 2.56 kg of heroin was
recovered. In the FIR, it has come that the husband of the
petitioner deals in the contraband.
4. Learned counsel appearing on behalf of the petitioner
has submitted that the petitioner has been framed in this case only
on the basis that she is the wife of the petitioner Narayan
Patna High Court CR. MISC. No.27603 of 2026(2) dt.19-06-2026
2/2
Upadhyay from whose house, the contraband was recovered.
Learned counsel for the petitioner has submitted that nothing has
been recovered from the possession of this petitioner. The seizure
list witnesses are police personnel and police have not complied
section 105 of BNSS. It has further been submitted that the seizure
list does not bear the signature of this petitioner rather it bears the
signature of petitioner’s husband. A statement has been made in
para-3 that the petitioner is having no criminal antecedent.
Moreover, she is in custody since 08.09.2025.
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 court of learned Special
Judge, N.D.P.S. Act Buxar in connection with Dumraon P.S. Case
No.192 of 2025.
(Ashok Kumar Pandey, J)
Sneha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.