Patna High Court
Meena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Narcotic Substances Act — s. 109, 125, 132, 190, 191(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
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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