Patna High Court
Dev Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond, sureties, and compliance with conditions, pending verification of her criminal antecedent.
Summary
The petitioner, Dev Kumari Devi, was implicated in a narcotics case (PS Case No. 185 of 2025) for alleged possession and trade of 14.5 kg of ganja, based on a police raid that recovered the drugs from her house and statements of a co-accused naming her, her husband and son. The petitioner, a housewife with a clean antecedent, claimed she had no involvement in the drug trade and was falsely implicated. The State argued that the recovery from her residence indicated her active participation. The court, noting her clean record, the possibility of false accusation, and the fact that the son had already been apprehended, ordered that she be released on bail if she surrendered within eight weeks, subject to a Rs.10,000 bond, two sureties, and compliance with conditions under Section 482(2) of the CrPC. The bail order also required verification of any criminal antecedent before acceptance of the bond.
Issues considered
- Whether the petitioner is entitled to bail under the Narcotic Drugs and Psychotropic Substances Act and the Criminal Procedure Code given the nature of the alleged offence and the circumstances of the case.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 23
Subjects
- bail
- NDPS Act
- possession of ganja
- false accusation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30284 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Dev Kumari Devi Wife of Radhe Yadav Resident of village- Ladaniya, Ps-
Ladaniya, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Rajesh Kumar, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Ladaniya P.S. Case No. 185 of
2025 registered for the alleged offence under Sections 20, 22
and 23 of the Narcotic Drug & Psychotropic Substances Act.
03. As per prosecution case, police received
information about co-accused Radhey Yadav keeping Ganja in
his house and selling it. A raid was conducted and a lady and a
male fled away from the spot while one person was
apprehended from the house when the raid was conducted. The
apprehended co-accused, Ajay Kumar Yadav, named this
petitioner, his mother and also his co-accused father for being
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involved in the trade of Ganja. On search of the house, recovery
of altogether 14.5 kg of Ganja was made.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. The petitioner has no concern with the seizedGanja and
she cannot be made liable for act of her husband or son. Learned
counsel further submits that the petitioner bears clean
antecedent. The petitioner is a housewife and has no concern
with the trade of Ganja.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that
recovery of Ganja has been made from the house of the
petitioner and she actively involved in the trade of Ganja along
with her co-accused husband and son.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioner is a lady and is having clean antecedent
and further considering the fact that co-accused son has been
apprehended and further considering the probability of false
accusation, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
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bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-IV, Madhubani/court concerned in
connection with Ladaniya P.S. Case No. 185 of 2025, subject to
the condition laid down under Section 482(2) of BNSS and
other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
07. The learned trial court will verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is having any criminal antecedent, her bail bond will not be
accepted.
(Arun Kumar Jha, J)
Ashish/-
U T
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