Patna High Court
Arpana KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Drugs and Cosmetics Act — s. 27(b)(ii), 27(d), 28
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22(b), 8
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
Checking your session…