Patna High Court
Sugni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed regular bail to the petitioner.
Summary
Sugni Devi was arrested in connection with a case under Sections 8 and 20(b)(ii)(B) of the NDPS Act, with 2.031 kg of ganja, a mobile phone and Rs. 3,000 recovered from her. She applied for regular bail, claiming innocence, a clean antecedent and poverty. The State opposed the bail. The Patna High Court, noting her gender and the circumstances, granted regular bail on a bond of Rs. 10,000 with two sureties, subject to verification of her antecedent and compliance with trial attendance conditions. The court clarified that its observations were prima facie and not a determination on the merits of the case. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act considering the nature of the offence, the accused's gender, antecedent and custody status.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug offence
- regular bail
- gender considerations
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40565 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- BHAGALPUR RAIL P.S. District-
Bhagalpur
======================================================
Sugni Devi W/o Sanjay Mandal Resident of Ward No 4, Chhoti Parbatta,
Police Station- Ismailpur, Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bhagalpur Rail P.S. Case No. 61 of 2026 registered for the
offence under Section(s) 8 & 20(b)(ii)(B) of the NDPS Act.
3. As per the prosecution case, a total of 6.099 kg of
ganja and cash amounting to Rs. 6,000/- were recovered from
the bags of the apprehended accused persons. Specifically, from
the petitioner, 2.031 kg of ganja, one mobile phone and cash of
Rs. 3,000/- were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
submitted that the petitioner is in custody since 18.03.2026 and
Patna High Court CR. MISC. No.40565 of 2026(2) dt.24-06-2026
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has a clean antecedent. It is further contended that the petitioner
is a poor lady.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner is a woman, this application for
regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bhagalpur Rail P.S.
Case No. 61 of 2026 subject to conditions that:-
(i). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
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of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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