Poonam DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3980 of 2026
                   Arising Out of PS. Case No.-500 Year-2025 Thana- BIHARIGANJ District- Madhepura
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                 Poonam Devi Wife of Yogendra Rajak Resident of village Babhangama Ward
                 No.- 08, Police Station - Bihariganj, District - Madhepura

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                     Heard Ms. Pooja Prasad, learned counsel for the

                   petitioner and Mr. Madan Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   07.12.2025 in connection with Bihariganj P.S. Case No. 500 of

                   2025, F.I.R. dated 06.12.2025 for the offences punishable under

                   Sections 20(c) and 21(a) of the N.D.P.S. Act.

                               3. Recovery is of 28 grams of Charas like substance.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and she has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed

                   any offence as alleged in the F.I.R. She further submits that it

                   appears from the F.I.R. that 28 grams of Charas like substance
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          has been recovered from the house of the petitioner. She further

          submits that there is non-compliance of the mandatory provision

          of Sections 42 and 50 of the N.D.P.S. Act and it appears that the

          recovered contraband is less than the commercial quantity.

          Hence, there is no embargo under Section 37 of the N.D.P.S. Act

          for grant of bail to the petitioner. The petitioner is in custody

          since 07.12.2025.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that the petitioner has clean antecedent and the

          recovered contraband is less than the commercial quantity, let

          the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Sessions

          Judge cum Special Judge, NDPS Act, Madhpura in connection

          with Bihariganj P.S. Case No. 500 of 2025, subject to the

          following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court

           and on her absence on two consecutive dates without sufficient
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                       reason, her bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed her

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T