Patna High Court

Hadaita Khatoon @ Haidatun NeshaversusThe State of Bihar

Decided: 2 July 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Hadaita Khatoon, sought anticipatory bail fearing arrest in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution alleged that 2.960 kg of charas was seized from a co‑accused who identified the petitioner as an accomplice. The petitioner also has a prior criminal antecedent of a similar nature. The court examined the seriousness of the offence, the large quantity of narcotics involved, and the petitioner’s past record. Considering these factors, the court concluded that granting anticipatory bail would be inappropriate. Consequently, the petition for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the NDPS Act in view of the quantity of narcotics seized and her prior criminal antecedent.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 23(C), 29

Subjects

anticipatory bail
NDPS Act
charas
contraband seizure
prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32253 of 2026

                   Arising Out of PS. Case No.-40 Year-2025 Thana- BALTHAR District- West Champaran
                 ======================================================
                 Hadaita Khatoon @ Haidatun Nesha W/o- Jafar Mian Village- Jhumka Police
                 station- Sathi District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Brij Kishor Mishra, Advocate
                 For the State           :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-07-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 20(b)(ii)

                   (C), 23(C) and 29 of the N.D.P.S. Act.

                                3. As per prosecution case, 2.960 Kgs. of charas was

                   recovered from the apprehended co-accused person, who

                   disclosed the name of this petitioner as his accomplice.

                   Petitioner has got one criminal antecedent of similar nature.

                                4. Considering the facts and circumstances of the

                   case, recovery of huge quantity of contraband substance and the

                   fact that petitioner has got one criminal antecedent of similar
             Patna High Court CR. MISC. No.32253 of 2026(3) dt.02-07-2026
                                                         2/2




                       nature, the prayer for grant of anticipatory bail to the petitioner

                       is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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