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Patna High Court

Arpana KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, holding that her clean antecedent and lack of knowledge of the seized articles justified release on bail.

Summary

The petitioner, Arpana Kumari, was arrested as a passenger in a Swift Dzire from which 974 bottles of Wiscodin cough syrup were seized during a police vehicle‑checking drive on 18‑06‑2025. She was charged under Sections 28, 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act and Sections 8, 21(c) and 22(b) of the NDPS Act. The petitioner pleaded that she is a woman of clean antecedent, was merely a bona‑fide passenger and had no knowledge of the contraband hidden in the vehicle’s dicky. The State opposed her regular bail application, citing the seriousness of the offences. The Court, after considering the facts and her clean record, ordered her release on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to cooperation with the trial. The order was made by Justice Nawneet Kumar Pandey of the Patna High Court.

Issues considered

  • Whether a passenger with no knowledge of the contraband, charged under the Drugs and Cosmetics Act and NDPS Act, is entitled to regular bail.

Legislation cited

Subjects

  • regular bail
  • Drugs and Cosmetics Act
  • NDPS Act
  • passenger
  • clean antecedent
  • seizure
  • contraband

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65286 of 2025
                    Arising Out of PS. Case No.-68 Year-2025 Thana- ANGARGHAT District- Samastipur
                 ======================================================
                 Arpana Kumari D/o Ramesh Chaudhary R/O- Gandhipath Saharsa, PS- Sadar,
                 District- Saharsa

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Shashank Shekhar, Adv.
                 For the State           :        Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   04-02-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Angarghat P.S. Case No. 68 of 2025,

                   registered for the offences punishable under Sections 28, 27(b)

                   (ii) and 27 (d) of the Drugs and Cosmetics Act and under

                   Sections 8, 21(c) and 22(b) of NDPS Act.

                                    3. On 18.06.2025, during a vehicle-checking drive,

                   the police stopped a Swift Dzire car. 974 bottles of Wiscodin

                   cough syrup were recovered from the vehicle. The driver and

                   two lady, who were sitting in the car, failed to produce any valid

                   documents for the seized articles.

                                   4. The learned counsel for the petitioner has
           Patna High Court CR. MISC. No.65286 of 2025(3) dt.04-02-2026
                                                       2/2




                     submitted that the petitioner is a lady of clean antecedent. She

                     was bona fide passenger. She was not aware with the

                     consignment loaded in the dicky of the car. She is under custody

                     since 19.06.2025.

                                   5. On the other hand, the learned APP for the State

                     has opposed the prayer for bail.

                                  6. Considering the above-mentioned facts and

                     circumstances as well as the fact that the petitioner is a lady of

                     clean antecedent, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned Principal

                     District & Sessions Judge, Samastipur in connection with

                     Angarghat P.S. Case No. 68 of 2025, subject to the condition

                     that the petitioner shall cooperate in the disposal of trial and

                     make himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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