Patna High Court
Sahud Khatoon @ Shahud KhatunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, releasing her on condition of furnishing bail bonds and compliance with stipulated conditions.
Summary
The petitioner, Sahud Khatoon, is the registered owner of a vehicle from which 6 kg of ganja was recovered during a police search under a NDPS case. She claims she neither drives the vehicle nor had knowledge of the contraband, asserting that a family friend of her husband misused the vehicle. The petitioner argues lack of conscious possession and points to procedural lapses, including non‑compliance with Sections 42 and 50 of the NDPS Act regarding videography and photography of the search. The State opposed her bail application. Considering the doubtful nature of the allegations, possible false accusation, and procedural irregularities, the Court ordered her release on bail subject to conditions.
Issues considered
- Whether the petitioner can be held liable for the contraband recovered from a vehicle she owns but does not use
- Whether procedural requirements under Sections 42 and 50 of the NDPS Act were complied with
- Whether bail should be granted in view of the doubtful nature of the accusation
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 42, 50
Subjects
- bail
- NDPS Act
- possession
- vehicle ownership
- procedural lapse
- false accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28822 of 2026
Arising Out of PS. Case No.-482 Year-2023 Thana- JOKIHAT District- Araria
======================================================
Sahud Khatoon @ Shahud Khatun W/o Nuruddin, Resident of Village -
Bardenga, Ward No. 03, Police Station - Mahalgaon, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Ziaul Quamar, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending her arrest in connection with Jokihat P.S. Case
No. 482 of 2023 registered for the offences under Sections
20/22 of NDPS Act.
3. As per prosecution case, in a drive conducted
for arresting the accused persons, a car was found in abandoned
condition. The police party searched for the owner but in vain.
Thereafter, when this vehicle was searched, recovery of 6 kgs of
Ganja kept in a sack was made from the dickey of the car. The
name of the petitioner transpired in this case as she is said to be
the owner of the vehicle.
Patna High Court CR. MISC. No.28822 of 2026(2) dt.05-05-2026
2/4
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The petitioner has been made accused in this case merely
on the basis of the fact that she is the registered owner of the
vehicle from which recovery has been shown but the petitioner
does not drive the vehicle and she has no knowledge about the
contraband said to be recovered from the vehicle. There is no
conscious possession of the petitioner and there is no material
on record to show her involvement except for the said fact that
the recovery was made from her vehicle which was found in
abandoned condition. Learned counsel further submits that the
facts of the case are that the family friend of the petitioner's
husband, namely Md. Nasar took the vehicle from the husband
of the petitioner on the pretext of taking his ill wife to Purnea.
Learned counsel further submits that the husband of the
petitioner gave the vehicle to his friend in good faith and
thereafter, the vehicle was seized after recovery of the
contraband. The husband of the petitioner gave an application to
the S.D.P.O., Araria stating all these facts and seeking proper
investigation in the matter. Learned counsel further submits that
except the fact that the family friend of the petitioner's husband
misused the vehicle, the petitioner cannot be made liable for his
Patna High Court CR. MISC. No.28822 of 2026(2) dt.05-05-2026
3/4
illegal act. There is non-compliance of mandatory provisions of
Sections 42 and 50 of NDPS Act as no videography and
photography has been done for search being conducted. The
petitioner is having clean antecedent.
5. Learned APP opposes the submission 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
doubtful nature of allegation against the petitioner and also
considering the possibility of false accusation, let the petitioner
above named, in the event of her arrest or surrender before the
court concerned within a period of eight weeks from today, 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 Act, Araria/concerned court in connection
with Jokihat P.S. Case No. 482 of 2023, subject to the condition
as laid down under Section 482(2) of the B.N.S.S. and other
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
Patna High Court CR. MISC. No.28822 of 2026(2) dt.05-05-2026
4/4
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.