Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to surrender within eight weeks and a bond of Rs.10,000 with two sureties, under Section 482(2) of BNSS 2023.
Summary
Petitioner Poonam Devi sought bail after being implicated in a case under the Bihar Prohibition and Excise Act and the NDPS Act based solely on a co-accused's confessional statement. The prosecution alleged possession of 3.37 grams of smokeless tobacco and cash, but no material was recovered from the petitioner herself. The petitioner asserted innocence, clean antecedent, and lack of any incriminating evidence in her possession. The State opposed bail, arguing the seriousness of the offences. The Court, considering the petitioner’s clean record and the circumstances, ordered bail on the condition of surrender within eight weeks and furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bihar Narcotic and Substance Substitution Act, 2023. The bail was granted pending further trial.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(c), 30(d) of the Bihar Prohibition and Excise Act and Sections 21(b), 29 of the NDPS Act.
- Whether the confessional statement of a co-accused alone suffices to justify denial of bail.
- Whether the petitioner’s clean antecedent and lack of seized material warrant bail.
Legislation cited
- Bihar Narcotic and Substance Substitution Act, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(c), 30(d)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 29
Subjects
- bail
- NDPS Act
- Bihar Prohibition and Excise Act
- clean antecedent
- confessional statement
- section 482
- excise case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40342 of 2026
Arising Out of PS. Case No.-289 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Poonam Devi Wife of Santosh Chaudhary Resident of Village- Muradpur
Dullah, P.S.- Ahiyapur, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 30(c) and 30(d) of the
Bihar Prohibition and Excise Act and Sections 21(b), and 29 of
N.D.P.S. Act.
3. As per the prosecution case, 3.37 gram of smack
and Rs. 7100/- cash was recovered from apprehended co-
accused person who disclosed the name of the petitioner.
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case. The name of the
petitioner transpired in the confessional statement of
apprehended co-accused person. No incriminating material has
been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.40342 of 2026(2) dt.29-06-2026
2/2
Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the prayer
for bail.
6. Considering the aforesaid facts, clean antecedent
of petitioner and other circumstances of case , in the event of
arrest/surrender within eight weeks from today, 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 Exclusive Special
Judge, Excise-I Muzaffarpur in connection with Ahiyapur P.S.
Case No. 289 of 2026, subject to the conditions laid down
under section 482 ( 2 ) of BNSS 2023.
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
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