Patna High Court
Madhu DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
Madhu Devi and Khushi Devi, wives of Shankar Sahni and Ramesh Paswan respectively, were arrested in connection with a Narcotic Drugs and Psychotropic Substances (NDPS) case where 6.48 grams of heroin (smack) was seized from a co-accused. The petitioners claimed they had no knowledge of the drugs, were not in possession, and were falsely implicated, asserting that the only allegation against them was attempting to facilitate the co-accused's escape. They had been in judicial custody since 30 March 2026 and sought regular bail. The State opposed the bail application. After hearing both sides, the Patna High Court found no material evidence linking the petitioners to the seized narcotics and, considering their circumstances, ordered their release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioners are entitled to regular bail under the NDPS Act despite the allegation of facilitating the escape of a co-accused.
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 125, 132, 190, 1912
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- regular bail
- NDPS Act
- bail bond
- criminal procedure
- facilitation of escape
- possession of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30372 of 2026
Arising Out of PS. Case No.-162 Year-2026 Thana- BUDDHACOLONY District- Patna
======================================================
1. Madhu Devi wife of Shankar Sahni R/o- Village- China Kothi Harijan
Colony P.s- Buddha Colony Dist- Patna
2. Khushi Devi Wife of Ramesh Paswan R/o- Village- China Kothi Harijan
Colony P.s- Buddha Colony Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 8(c),
21(b) N.D.P.S. Act and sections 109, 132, 1912), 190, 125
B.N.S.
3. The case of the prosecution, in short, is that
altogether 6.48 grams of smack was recovered from the
possession of the co-accused.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.30372 of 2026(2) dt.07-05-2026
2/2
allegation against the petitioners are that they attempted to
facilitate the escape of the co-accused. It is further submitted
that nothing has been recovered from the conscious possession
of the petitioners. It is further submitted that the petitioners are
lady and has criminal antecedents. Moreover, the petitioners
are languishing in judicial custody since 30.03.2026.
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 petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with Budha Colony P.S. Case No. 162/2026
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Session Judge/ Special Judge N.D.P.S Patna.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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