Patna High Court
Munni DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties.
Summary
Munni Devi was arrested in connection with a case under the NDPS Act where 47.29 grams of contraband were allegedly seized from her residence. She applied for bail, claiming innocence, false implication, and that the seizure violated Section 105 of the BNSS, also arguing the quantity was below commercial levels and she had been in custody since April 16, 2026. The State opposed bail, citing a prior criminal case against her. After hearing both sides, the court considered the procedural lapse in seizure and the relatively small quantity, and decided to grant bail. The court ordered her release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge-cum-Special Judge, NDPS Act, Araria.
Issues considered
- Whether bail should be granted to the accused under Sections 8(c) and 21(b) of the NDPS Act.
- Whether the seizure complied with Section 105 of the BNSS.
- Impact of the quantity of contraband on bail considerations.
- Effect of the accused's prior criminal antecedent on bail eligibility.
Legislation cited
Subjects
- bail
- NDPS Act
- seizure procedure
- Section 105
- criminal antecedent
- judicial custody
- gender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40321 of 2026
Arising Out of PS. Case No.-103 Year-2026 Thana- SIMRAHA District- Araria
======================================================
Munni Devi W/o Late Chandan Kumar Mehta Resident of - Mirzapur, Ward
No.- 16, P.S.- Simraha, District - Araria, Bihar Pin code - 854334
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tabish Ahmad, Advocate.
Mr. Shubham Samrat, Advocate.
Mr. Md. Zeeshan Alam, Advocate.
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Simraha P.S. Case No. 103 of 2026 registered for the
offence punishable under Sections 8(c) and 21(b) of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the house of this petitioner, altogether 47.29 grams of smack like
contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.40321 of 2026(2) dt.24-06-2026
2/2
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that in any view of the matter, the alleged recovery of
contraband is though more than small quantity but is much less
than commercial quantity. Moreover, the petitioner is a lady and
she is languishing in judicial custody since 16.04.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, NDPS Act, Araria in
connection with Simraha P.S. Case No. 103 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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