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Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail.

Summary

Meena Devi was arrested in a case under the Narcotic Drugs and Psychotropic Substances Act (sections 8(c), 21(b)) and the Bihar Narcotic Substances Act (sections 109, 132, 191(2), 190 and 125). The prosecution recovered 6.48 grams of heroin (“smack”) from a co‑accused, but nothing was found in Meena Devi’s possession. She contended that she was falsely implicated, had no criminal record, and was only alleged to have helped the co‑accused escape. The State opposed her request for regular bail, while the court noted her lack of direct possession, her gender, clean antecedents, and that the co‑accused had already been granted bail. Considering these circumstances, the court decided to enlarge bail to the petitioner. She was released on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner, charged under the NDPS Act and Bihar Narcotic Substances Act, is eligible for regular bail despite the seriousness of the offence.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • Bihar Narcotic Substances Act
  • criminal procedure
  • gender considerations
  • possession of narcotics

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33844 of 2026
                   Arising Out of PS. Case No.-162 Year-2026 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Meena Devi W/O Ranjeet Yadav, D/O Sato Paswan R/O (Kath Ki Pul),
                 Dakshini Mandiri, (Chakkan Tola), P.S- Buddha Colony, Dist.- Patna, Bihar
                 (800001).

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aditya Mishra, Advocate
                 For the Opposite Party/s :      Mr. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   20-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 8(c), 21(b)

                   N.D.P.S. Act and sections 109, 132, 191(2), 190 and 125 of the

                   B.N.S.

                                3. The case of the prosecution, in short, is that

                   altogether 6.48 grams of smack was recovered from the

                   possession of the co-accused.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   allegation against the petitioner is that they attempted to
           Patna High Court CR. MISC. No.33844 of 2026(2) dt.20-05-2026
                                                       2/2




                     facilitate the escape of the co-accused. It is further submitted

                     that nothing has been recovered from the conscious possession

                     of the petitioner. It is further submitted that the petitioner is lady

                     and has no criminal antecedents. Moreover, the petitioner is

                     languishing in judicial custody since 30.03.2026. Co-accused

                     have already granted bail by the Co-ordinate Benches of this

                     Court in Cr. Misc. No. 30372 of 2026 and Cr. Misc. No. 30140

                     of 2026.

                                  5. Learned APP appearing for the State has

                     vehemently opposed the prayer of regular bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, this court is inclined to enlarge the petitioner on

                     bail. The above named petitioner is directed to be released on

                     bail in connection with Budha Colony P.S. Case No. 162 of

                     2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned CJM, Patna.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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