Patna High Court
Ritu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 22(c)
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
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