Patna High Court

Samila DeviversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Samila Devi, fearing arrest in a Babubarhi police case involving alleged possession of 1 kg 100 g of ganja, filed an anticipatory bail petition under the NDPS Act. The prosecution alleged offences under Sections 8, 20(B)(ii) B and 22 of the NDPS Act, while the petitioner argued she was falsely implicated, had no prior criminal record, and no contraband was found in her possession. She highlighted that the seized quantity was below commercial levels, rendering Section 37 inapplicable, and that the statutory requirements of Sections 42 and 50 of the NDPS Act were not complied with. The State opposed the bail. The Court, after considering these facts, granted anticipatory bail on the condition of furnishing a bail bond of Rs. 15,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the NDPS Act.
Whether the seized quantity of ganja qualifies as a commercial quantity attracting Section 37 of the NDPS Act.
Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii) B, 22, 37, 42, 50, 8

Subjects

anticipatory bail
NDPS Act
drug possession
commercial quantity
Section 37
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5419 of 2026
                   Arising Out of PS. Case No.-434 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Samila Devi Wife of Pawan Mishra Resident of village - Rahikpur, Police
                 Station - Babubarhi, District - Madhubani.
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Uday Chand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Babubarhi P.S. Case No. 434 of 2025 instituted for the

                   offences under Sections 8, 20(B)(ii) B, 22 of the N.D.P.S. Act.

                               3. Prosecution case, in short, is that 01 Kg. 100 gram

                   of Ganja has been recovered in this case.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Charge-sheet has been submitted in this case. Petitioner has no

                   criminal antecedent. There is no allegation of tampering of

                   witnesses alleged against the petitioner. No incriminating

                   material has been recovered from the conscious possession of

                   the petitioner. Learned counsel for the petitioner further submits
           Patna High Court CR. MISC. No.5419 of 2026(2) dt.03-02-2026
                                                       2/2




                     that other co-accused has been granted regular bail by this Court

                     vide order dated 13.01.2026 passed in Cr. Misc. No. 90718 of

                     2025. The recovered contraband is below commercial quantity,

                     and hence, Section 37 of the N.D.P.S. Act is not applicable in

                     the present case. There is no compliance of Section 42 and 50 of

                     the N.D.P.S. Act.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Babubarhi P.S. Case

                     No. 434 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.


                                           (Rudra Prakash Mishra, J)
manish/-

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