Patna High Court
Shamshad AnsariversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail was granted to the second petitioner subject to specified conditions.
Summary
The petitioners, Shamshad Ansari and his wife Shah Jeera Khatoon, filed anticipatory bail applications in a narcotics case arising from Basmatiya Police Station Case No.16 of 2025 under the NDPS Act. The first petitioner sought to withdraw his application and was permitted to do so, resulting in dismissal of his petition. The second petitioner, a woman with no criminal antecedent, claimed innocence, asserting that the seized 6 kg of ganja was recovered from a co‑accused and that she was not named in the FIR. The State opposed the grant of anticipatory bail. After considering the facts, the court granted anticipatory bail to the second petitioner, subject to surrender within six weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the second petitioner in an NDPS case despite the seriousness of the alleged offence
- Whether the petitioner’s lack of inclusion in the FIR and clean record justify bail under Section 482(2) of the BNSS
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- anticipatory bail
- NDPS Act
- narcotics
- bail conditions
- Section 482
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3738 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- Basmatia District- Araria
======================================================
1. Shamshad Ansari Son of Shamsul Ansari Resident of Village - Ansari Tola,
Ward no. 11, Basmatiya, P.S. - Basmatiya, Dist. - Araria.
2. Shah Jeera Khatoon Wife of Shamshad Ansari Resident of Village - Ansari
Tola, Ward no. 11, Basmatiya, P.S. - Basmatiya, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 19-03-2026 Learned counsel for the petitioners seeks permission
to withdraw the present anticipatory bail petition of Petitioner
No. 1 to surrender before the Court concerned.
2. Permission is accorded.
3. Accordingly, the present anticipatory bail petition
of Petitioner No. 1 is dismissed as withdrawn.
4. Heard learned counsel for the petitioner no. 2 and
learned A.P.P. for the State.
5. The petitioner no. 2 apprehends her arrest in
connection with Basmatiya P.S. Case No. 16 of 2025, instituted
under Sections 8, 20(b) (ii)(B) of the N.D.P.S. Act.
6. As per the prosecution case, on getting secret
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information regarding transportation of narcotic substance by
two women, the police party reached at the indicated place and
apprehended one woman, while another woman managed to
escape. It is alleged that from her possession 6kg Ganja was
recovered.
7. Learned counsel for the petitioner no. 2 submits
that she is innocent and has falsely been implicated in this case
on the basis of confessional statement of co-accused Sahbun
Khatoon. The alleged Ganja has been recovered from possession
of co-accused Sahbun Khatoon. Petitioner no. 2 is not named in
the F.I.R. Nothing has been recovered from her conscious
possession. She has no concern with the seized Ganja. Petitioner
No. 2 is a lady having no criminal antecedent. She undertakes to
co-operate in the investigation and trial.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
9. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and
Petitioner No. 2 has no criminal antecedence, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner no. 2 be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
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sureties of the like amount each to the satisfaction of learned
Sessions Judge-cum-Special Judge, N.D.P.S. Act, Araria in
connection with Basmatiya P.S. Case No. 16 of 2025, subject to
the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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