Patna High Court
Sumiya Devi @ Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sumiya Devi, a 70‑year‑old woman, was arrested in connection with a case involving 1.685 kg of ganja, of which 45 g was alleged to have been recovered from her. She sought regular bail under sections of the NDPS Act and the Bihar Prohibition & Excise Act, having been in custody since 29‑04‑2026. The State opposed bail, but the Court considered her advanced age and the relatively small quantity attributed to her. The Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions of monthly police‑station attendance and automatic cancellation if she is later implicated in another NDPS case. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to an accused person, aged about 70, charged under the NDPS Act and Bihar Prohibition & Excise Act
- Whether the quantum of narcotics alleged to be recovered from the petitioner justifies denial of bail
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(A)(B), 25, 27(A), 29, 8
Subjects
- bail
- NDPS Act
- Bihar Prohibition & Excise Act
- age
- women
- narcotics
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42491 of 2026
Arising Out of PS. Case No.-360 Year-2026 Thana- DIGHA District- Patna
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Sumiya Devi @ Shanti Devi Wife of Ramjatan Chaudhary @ Rajendra
Chaudhary Resident of Badiha, PS- Nagarnausa, District- Nalanda at present
Akhara Gali, Yaduvanshi Nagar, PS- Digha, District- Patna
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Akhauri Kamal Kishore Sahay, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned Senior Counsel for the petitioner and
learned Additional Public Prosecutor appearing on behalf of the
State.
2. The petitioner seeks regular bail in
connection with Digha P.S. Case No.360 of 2026 registered for
the offence under sections 8, 20(b)(ii)(A)(B), 25, 27(A) and 29
of the N.D.P.S. Act and under section 30(a) of the Bihar
Prohibition & Excise Act.
3. Altogether 1.685 kilogram of ganja has been
recovered. It is alleged that about 45 gram of ganja has been
recovered from the petitioner.
4. The petitioner is in custody since
29.04.2026.
5. It has been submitted by learned counsel for
Patna High Court CR. MISC. No.42491 of 2026(2) dt.02-07-2026
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the petitioner that the petitioner is a woman aged about 70 years
and she has falsely been implicated in this case.
6. Learned APP for the State has vehemently
opposed the prayer of the petitioner for grant of bail.
7. Considering the fact that the petitioner is a
woman aged about 70 years and also the quantum of recovery of
ganja, which is said to have been recovered from the petitioner,
this bail application is allowed.
8. 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 concerned Court below in connection with Digha P.S. Case
No.360 of 2026.
9. This is also subject to the condition that the
petitioner shall also mark his attendance at Digha Police Station,
District - Patna on first Sunday of the month. Any default in
appearance at the Police Station would result in cancellation of
bail bonds of the petitioner.
10. This is also subject to the condition that if in
future the petitioner is found to be involved in another case
under the N.D.P.S. Act, her bail bonds shall automatically be
cancelled by the Court below.
Patna High Court CR. MISC. No.42491 of 2026(2) dt.02-07-2026
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11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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