Patna High Court
Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners.
Summary
Petitioners Pramila Devi and Ganita Devi were arrested in connection with a Rail Barauni case for alleged possession of small quantities of brown sugar (approximately 11.9 g and 11.4 g) under Sections 8(c) and 21(b) of the NDPS Act. They contended that they were innocent, had no prior criminal record, and that the police seizure list was not prepared in accordance with Section 105 of the Bihar Narcotic Substances (Control) Act. The State opposed bail, arguing that contraband had been recovered. The Court examined the modest quantity, the alleged procedural irregularity, and the petitioners’ custody since 23 March 2026, and decided that bail was appropriate. Accordingly, each petitioner was released on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Principal Sessions Judge.
Issues considered
- Whether bail should be granted in an NDPS case involving a small quantity of narcotic substance.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act in preparing the seizure list warrants denial of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- small quantity
- procedural lapse
- seizure list
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32870 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- BARAUNI RAIL P.S. District- Begusarai
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1. Pramila Devi W/o Ram Dayal Bharit R/o Village- Sahdai, P.S.- Desari, O.P.-
Sahdai Buzurg, District- Vaishali
2. Ganita Devi W/o Tinku Giri R/o Village - Nayangawn, P.S.- Dariyapur,
District - Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramhansh Kumar Puri, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Rail Barauni P.S. Case No. 60 of 2026 registered for the
offence punishable under Sections 8(c), 21(b) of the NDPS Act.
3. The case of the prosecution is that from the
possession of petitioner no. 2 altogether, 11.91 gram of brown
sugar and from the possession of petitioner no. 1 altogether, 11.41
gram of brown sugar were recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. A statement has been made in para 3 of the petition that
petitioners have no criminal antecedent. Learned counsel for the
Patna High Court CR. MISC. No.32870 of 2026(2) dt.14-05-2026
2/2
petitioners has further submitted that nothing has been recovered
from the possession of these petitioners. The witnesses of the
seizure list are police personnel and police have not complied
section 105 of B.N.S.S. while preparing the seizure list. It has
further been submitted that alleged recovery of contraband is
though more than small quantity but is much less than commercial
quantity. Moreover, the petitioners are languishing in judicial
custody since 23.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Principal Sessions Judge, Begusarai in connection with Rail
Barauni P.S. Case No. 60 of 2026.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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