Patna High Court
Dolly Kumari @ Sabana Parween @ Sabina Parween @ Shabana Perween @ Sabina PerweenversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dolly Kumari, sought regular bail in a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 15.65 g of contraband was allegedly recovered from her house. Her counsel argued that the seized material was not in her possession, that the seizure list was prepared by police officers who failed to comply with Section 105 of the Bihar Narcotic Substances (Control) Act, and that the quantity, though more than a ‘small quantity’, was far below a commercial amount. The State opposed bail, citing a prior similar offence. The court considered the lack of direct possession, the procedural lapse, and the petitioner’s personal circumstances, and decided to grant bail on a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Judge handling NDPS matters.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of 15.65 g of contraband.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act by the police affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- possession
- contraband
- procedural lapse
- prior criminal antecedent
- criminal law
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4628 of 2026
Arising Out of PS. Case No.-532 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Dolly Kumari @ Sabana Parween @ Sabina Parween @ Shabana Perween @
Sabina Perween Wife of Late Md. Munna Resident of Village - Kalijan Naya
Tola Ward No.- 34, P.S.- Sadar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Md Fazle Karim, Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8(c) and
21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the house of this petitioner altogether 15.65 gm of smack like
contraband was recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this
petitioner. Learned counsel has further submitted that the
witnesses of the seizure list are police personnel and police has
Patna High Court CR. MISC. No.4628 of 2026(2) dt.12-03-2026
2/2
not complied Section 105 of the BNSS. It has further been
submitted that alleged recovery of the contraband is though
more than small quantity but is much less than commercial
quantity. Learned counsel for the petitioner has submitted that
the petitioner is a lady who is in judicial custody since
23.10.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail and has submitted that the petitioner is
having criminal antecedent of one case of similar nature.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Purnea Sadar P.S. Case No. 532 of 2025
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge (N.D.P.S. Act), Purnea.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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