Created by Fuzzy Cloud

Patna High Court

Shamshad AnsariversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
Patna High Court CR. MISC. No.3738 of 2026(3) dt.19-03-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.3738 of 2026(3) dt.19-03-2026
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.