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Patna High Court

Pramila DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                 ======================================================
           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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