Patna High Court
Shiv Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail should be granted as the quantity is below commercial quantity and the petitioner has no criminal antecedent, subject to specified conditions.
Summary
Shiv Kumari Devi was arrested in connection with a police case under sections 8 and 20(b)(ii)(C) of the NDPS Act for alleged possession of 10.29 kg of ganja. She filed an application for regular bail, claiming no incriminating article was found on her person, she has no prior criminal record, and has been in custody since 6‑12‑2025. The State opposed the bail. The court noted that the quantity involved is below the commercial threshold, the petitioner has no antecedent, and she has cooperated with the investigation. Accordingly, the court ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of representation in trial and possible cancellation for non‑cooperation or discovery of a criminal antecedent. The bail was granted with these safeguards.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act for possession of 10.29 kg of ganja, considering the quantity is below commercial quantity and the accused has no prior criminal record.
- Whether the court may impose conditions on bail and retain the power to cancel it if the accused fails to cooperate or if a criminal antecedent is later discovered.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 8
Subjects
- bail
- NDPS Act
- possession of cannabis
- commercial quantity
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6484 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- DARBHANGA GRP CASE District-
Darbhanga
======================================================
Shiv Kumari Devi, W/o Late Tetar Sahni, R/o Village- Fajila Ward No. 13,
P.S- Bhalpatti (Muriya), District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rail P.S. Case no.171 of
2025, registered under section 8 and 20(b)(ii)(C) of the NDPS
Act.
3. As per the prosecution case, 10.29 kgs of ganja is
said to have been recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession and she has been falsely implicated in the case. She
has no criminal antecedent and is in custody since 6.12.2025.
She undertakes to cooperate in the investigation/trial.
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5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R, the quantity of ganja said to have been recovered
being below the commercial quantity, the petitioner having
remained in custody since 6.12.2025 and especially the
petitioner not having any criminal antecedent, the petitioner is
directed to be enlarged on bail in connection with Rail P.S. Case
no.171 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Principal District and Sessions Judge,
Darbhanga on the following conditions :-
(I) The petitioner shall remain properly represented in
the learned trial Court on each date of the case/trial and shall
cooperate in the trial.
(II) In case, the learned Court below is of the opinion
that the case/trial is being delayed due to non-cooperation on
part of the petitioner, the learned Court below may cancel the
bail bond of the petitioner and take her into custody till
conclusion of the trial.
(III) In case the statement with respect to the
Patna High Court CR. MISC. No.6484 of 2026(2) dt.04-02-2026
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petitioner not having any criminal antecedent is found to be
incorrect, the prosecution will have the liberty to move this
Court for cancellation of bail of the petitioner.
(Partha Sarthy, J)
avinash/-
U T
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