Patna High Court
Futro Devi @ Renu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
The Court held that bail could not be granted in view of the recovery of the narcotic substance and the petitioner’s two prior NDPS convictions.
Summary
Futro Devi (Petitioner) was arrested in connection with a case registered under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 14.20 grams of a brown‑sugar‑like substance was recovered from her. She applied for regular bail, claiming innocence and alleging false implication, having been in custody since 2 March 2026. The State opposed the bail, highlighting four prior criminal convictions, two of which were also under the NDPS Act. The Patna High Court, considering the quantity of the seized substance and the petitioner’s two similar antecedents, declined to grant bail, dismissing the application. The Court indicated that the petitioner could renew the bail plea after six months if the trial is delayed, and clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner under the NDPS Act given the recovery of 14.20 grams of a narcotic substance and prior NDPS convictions
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- regular bail
- drug possession
- prior convictions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35499 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- Lalmatia District- Bhagalpur
======================================================
Futro Devi @ Renu Devi S/o Late Mahesh Chaudhary Resident of Pasi Tola,
P.S. - Lalmatiya, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Lalmatiya P.S. Case No. 19 of 2026, registered under Section
8(c) and 21(b) of the N.D.P.S. Act.
3. As per prosecution case, the 14.20 grams of Brown
Sugar like substance was recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 02.03.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that petitioner
carries four criminal antecedents out of which two are of NDPS
Act.
Patna High Court CR. MISC. No.35499 of 2026(2) dt.21-05-2026
2/2
6. Considering the recovery and two antecedents of
similar nature, this Court is not inclined to grant bail to the
petitioner, this application is dismissed.
7. If the trial is delayed, the petitioner may renew his
prayer for bail after six months.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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