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Patna High Court

Poonam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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