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Patna High Court

Rinku DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U


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