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Patna High Court

Kari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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