Patna High Court
Kari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner, Kari Devi, subject to bond and surety conditions.
Summary
Kari Devi, a woman, applied for bail fearing arrest in a case (Sarsi P.S. Case No. 175 of 2025) under Sections 8, 20(B)(ii)(c) and 21(c) of the NDPS Act, where she and her son‑in‑law were alleged to have been involved in smuggling ganja. The prosecution alleged her participation, but her senior counsel argued that she is a woman and not involved, noting that the son‑in‑law had already been granted bail. The High Court, considering her gender and the fact that the co‑accused was on bail, allowed the bail application. The court ordered her release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to the petitioner in an NDPS offence involving alleged ganja smuggling
- Whether the petitioner's gender and the co‑accused's bail status are relevant factors for granting bail
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(c), 21(c), 8
Subjects
- bail
- NDPS Act
- ganja smuggling
- gender considerations
- co‑accused bail
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4642 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- SARSI District- Purnia
======================================================
Kari Devi Wife of Late Kishori Mandal (wrongly written in the impugned
order W/o Late Dilip Mandal), Resident of Village- Chikni, Ward No. 02,
P.S.- Sarsi, District- Purnea. At present resident of Rangia, P.S.- Dali, District-
Ludhiana (Punjab)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv.
Mr.Rakesh Kumar Sharma
Mr. Mayank Raj
Mr. Rahul Singh
Mr. Adarsh Prasar.
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends her arrest in
connection with Sarsi P.S. Case No. 175 of 2025 registered for
the offence under Sections 8/20(B)(ii)(c)/21(c) of the NDPS
Act.
3. As per the prosecution case, the petitioner and
her son-in-law are accused of dealing in smuggling of Ganja.
4. Learned senior counsel for the petitioner submits
that the petitioner is a women and she is not involved in
smuggling of Ganja. He further submits that the son-in-law of
Patna High Court CR. MISC. No.4642 of 2026(2) dt.24-02-2026
2/2
the petitioner may have been involved in the alleged offence and
he has already been granted bail vide order dated 11.02.2026
passed in Cr. Misc. No. 81635 of 2025.
5. Considering the fact that the petitioner is a
woman and the co-accused has already been granted bail, this
application is allowed.
6. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, 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 learned concerned
Court below in connection with Sarsi P.S. Case No. 175 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…