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Patna High Court

Sumiya Devi @ Shanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                                          3/3




                                        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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