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Patna High Court

Munni DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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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