Patna High Court

Geeta KumariversusThe State of Bihar

Decided: 4 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Geeta Kumari was arrested in a case registered under sections 8(c), 21(b) and 22 of the NDPS Act after police recovered 63.5 grams of a contraband substance from a house where she was present. The petitioner contended that she had no conscious possession of the drugs, that the seizure was made by police officers, and highlighted her lack of prior criminal record and that the quantity was far below commercial levels. The State opposed her bail application, arguing the seriousness of the offence. The court examined the facts, noting the petitioner’s innocence claim, the small quantity involved, and her clean antecedent, and decided to grant regular bail. She was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge.

Issues considered

Whether regular bail can be granted to an accused under sections 8(c), 21(b) and 22 of the NDPS Act for possession of 63.5 grams of contraband.
Whether the absence of conscious possession and lack of prior criminal record justify bail.
Whether the quantity seized, being less than commercial quantity, warrants bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 8(c)

Subjects

bail
NDPS Act
drug possession
quantity of drugs
conscious possession
criminal antecedent
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27938 of 2026
                        Arising Out of PS. Case No.-74 Year-2026 Thana- NAGAR District- Vaishali
                 ======================================================
                 Geeta Kumari D/O Vijendra Rai @ Bijendra Rai @ Bali Rai @ Bedi Rai R/O
                 Village- Rambhadra, P.S- Nagar, District- Vaishali.           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr.Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 8 (c), 21

                   (b) and 22 of the NDPS Act.

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

                   police had input that the petitioner along with others were

                   indulged in the sale of contraband substance. Acting upon this

                   information, police reached the alleged place of occurrence.

                   Upon seeing the police, three persons including the petitioner

                   allegedly attempted to flee from the house but were

                   apprehended. It is further alleged that from the house altogether

                   63.50 grams of smack was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in
            Patna High Court CR. MISC. No.27938 of 2026(2) dt.04-05-2026
                                                        2/2




                      connection with the present case. It is further submitted that

                      nothing has been recovered from the conscious possession of

                      this petitioner. It is further submitted that witnesses to the

                      seizure list are all police personnel. It is further submitted that

                      the petitioner is a lady. It is further submitted that the alleged

                      recovery of contraband is though more than small quantity but

                      much less than commercial quantity. Moreover, the petitioner is

                      languishing in judicial custody since 29.01.2026 having no

                      criminal antecedent.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Town P.S. Case No. 74 of 2026 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Sessions cum Special Judge, NDPS Act, Vaishali at Hajipur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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