Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that the petitioner is entitled to regular bail and allowed the bail application.
Summary
Rinku Devi was arrested in connection with the recovery of 1050 bottles of Eskuf cough syrup from a CNG auto and charged under Sections 21(C) and 29 of the NDPS Act, 1985 and Sections 276, 277 and 278 of the Bharatiya Nyaya Sanhita, 2023. She contended that the contraband was recovered from the vehicle, not from her personal possession, that the driver and owner were not accused, and that she had no prior criminal record. The petitioner also highlighted that a co‑passenger, Anita Devi, had already been granted regular bail by a coordinate bench. The State opposed the bail application. After considering the facts and submissions, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, thereby allowing the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the NDPS Act and the Bharatiya Nyaya Sanhita.
- Whether the absence of contraband in the petitioner's personal possession and lack of prior criminal antecedents justify granting bail.
- Whether the bail granted to a co‑accused influences the petitioner's bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 276, 277, 278
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 29
Subjects
- regular bail
- NDPS Act
- Bharatiya Nyaya Sanhita
- narcotic drugs
- possession
- judicial custody
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70876 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Rinku Devi Wife of Dharmendra Ram @ Dharmveer Ram Resident of village
- Dayachak, P.S.- Barh, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Athmalgola P.S.
Case No. 290 of 2025 dated 16-08-2025 registered under
Sections 21( C) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 and Sections 276, 277 & 278 of the
Bharatiya Nyaya Sanhita, 2023.
3.As per the prosecution case, 1050 bottles (105 litres)
of Eskuf cough syrup are alleged to have been recovered from a
CNG auto in which three persons were present, including the
petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.70876 of 2025(3) dt.21-01-2026
2/3
petitioner is innocent and she has been falsely implicated in the
present case. It is further submitted that no contraband was
recovered from the conscious possession of the petitioner;
rather, the alleged Eskuf cough syrup was recovered from the
tempo. It is further submitted that neither the driver nor the
owner of the tempo has been arrayed as an accused in the
present case. Learned counsel also submits that one of the co-
passengers, namely Anita Devi, has already been granted regular
bail by a Co-ordinate Bench of this Court vide order dated
14-10-2025 passed in Cr. Misc. No. 70969 of 2025. The
petitioner has been in judicial custody since 17-08-2025 and has
no criminal antecedents. It is further submitted that the charge
sheet has already been submitted in the case.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Sessions Judge/Special
Judge NDPS Patna, in connection with Athmalgola P.S. Case
No. 290 of 2025.
Patna High Court CR. MISC. No.70876 of 2025(3) dt.21-01-2026
3/3
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
Checking your session…