Patna High Court
Munni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's regular bail, subject to the condition that the lower court verify the devar’s surrender.
Summary
Munni Devi was arrested on 7 April 2026 after a police raid recovered 3.9 kg of ganja from her residence in Maner, Patna. The prosecution alleged that she was in possession of the narcotics, while her husband and devar fled the scene; the devar later surrendered. The petitioner pleaded innocence, asserting that only her husband and devar were involved, and she has a clean antecedent. She applied for regular bail under the NDPS Act, undertaking to cooperate with the investigation. The High Court, after hearing both sides, granted regular bail on a bond of Rs 10,000 with two sureties, subject to verification that the devar, Munna Kumar, has indeed surrendered; if not, the bail would not be accepted.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of 3.9 kg of ganja.
- Whether bail can be conditioned on verification of the devar’s surrender.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B)
Subjects
- NDPS Act
- regular bail
- possession of cannabis
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40656 of 2026
Arising Out of PS. Case No.-320 Year-2026 Thana- MANER District- Patna
======================================================
Munni Devi S/O Vikash Kumar R/O Neelkanth Tola Gauraiya Asthan, P.S-
Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 20(b)(ii)
(B) of the N.D.P.S. Act.
3. As per the prosecution case, the recovery is of 3.9
kg of ganja from the house of the petitioner who was arrested on
the spot and her husband and devar had fled away from there.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the husband
and devar of the petitioner may be involved in crime, but not the
petitioner. Petitioner is a lady with a clean antecedent and she is
in custody since 07.04.2026. Learned counsel next submits that
the devar of the petitioner had surrendered and she has no
Patna High Court CR. MISC. No.40656 of 2026(2) dt.24-06-2026
2/2
instruction about the husband. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, 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 Sessions Judge/ Special Judge
(NDPS), Patna /concerned Court below in connection with
Maner P.S. Case No. 320 of 2026.
8. This is subject to the condition that before
accepting the bail bond of the petitioner, the court below will
verify the fact that Munna Kumar, devar of the petitioner has
surrendered or not. If the statement is found true, her bail bond
shall be accepted by the court below. However, if it is found that
Munna Kumar has not surrendered, the petitioner's bail bond
shall not be accepted.
(Sandeep Kumar, J)
tusharika/-
U T
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