Created by Fuzzy Cloud

Patna High Court

Ritu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, notwithstanding the NDPS allegations, the petitioner’s status as a woman with a clean antecedent warranted the grant of anticipatory bail subject to conditions.

Summary

Ritu Devi was accused of attempting to supply a prohibited narcotic drug to a prisoner, an offence under Section 22(c) of the NDPS Act. She escaped arrest and sought anticipatory bail, claiming innocence, lack of possession of any drug, and a clean antecedent. The State opposed the bail. The court, noting that the petitioner is a woman and has no prior criminal record, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC. The order directs that if arrested within eight weeks, she be released on bail. The decision reflects the court’s discretion to grant bail despite serious allegations when mitigating factors exist.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite allegations under Section 22(c) of the NDPS Act
  • Whether the petitioner’s gender and clean antecedent justify the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • Section 22(c)
  • gender
  • clean antecedent
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3308 of 2026
                   Arising Out of PS. Case No.-909 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Ritu Devi D/O Late Tribhuwan Gupta R/O Village- Suryaganj, P.S-
                 Gamhariya, Distt.- Madhepura.
                                                                   ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjay Kumar Singh
                 For the Opposite Party/s :      Mr.Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence under Section 22 (c) of the N.D.P.S.

                   Act.

                                3. As per F.I.R., petitioner is alleged to have attempted

                   to provide prohibited item (narcotic drug) to one prisoner

                   Krishnadeo Gupta with the assistance of one Fulendar Sutihar,

                   but both were caught by jail officials, however this petitioner

                   managed to escape.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has been falsely implicated in

                   this case. No prohibited/narcotic drug was recovered from

                   conscious possession of petitioner. Petitioner is lady and claims

                   clean antecedent.
           Patna High Court CR. MISC. No.3308 of 2026(2) dt.02-02-2026
                                                       2/2




                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the fact that petitioner is lady and

                     claims clean antecedent, the prayer for anticipatory bail is

                     allowed.

                                  7. Accordingly, in the event of arrest/surrender before

                     the Trial Court within a period of eight weeks from today, let the

                     above named petitioner be enlarged on bail on furnishing bail-

                     bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned Sessions Judge,

                     Madhepura / concerned Court in connection with Madhepura

                     P.S. Case No. 909 of 2025, subject to condition as laid down

                     under Section 482(2) of the B.N.S.S.



                                                          (Prabhat Kumar Singh, J)
anay

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.