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Patna High Court

Sita Devi @ Devki DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Sita Devi, the mother of a co‑accused, was arrested in connection with the recovery of 20 kg 642 g of ganja from her house under sections 8 and 20(b)(ii)(c) of the NDPS Act. The petitioner argued that the forensic report was not obtained before the charge‑sheet and that she had no criminal antecedent, having been in custody since 1 August 2025. The State opposed bail, citing the large quantity of narcotics and alleged complicity. The court considered the completed investigation, the filing of the charge‑sheet, the petitioner’s lack of prior record, and the prolonged custody, and decided to grant bail. Bail was ordered on a bond of Rs 10,000 with two sureties and several conditions, including appearance before the trial court and non‑interference with witnesses.

Issues considered

  • Whether bail should be granted to the accused despite the large quantity of narcotic seized and alleged involvement of a co‑accused.
  • Whether the absence of a forensic laboratory report prior to filing the charge‑sheet affects the bail decision.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotic
  • forensic report
  • co‑accused
  • custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78094 of 2025
                        Arising Out of PS. Case No.-39 Year-2025 Thana- Bhatni District- Madhepura
                 ======================================================
                 Sita Devi @ Devki Devi W/o Late Shyam Sunder Choudhary R/o Village-
                 Barahkurba, Ward No. 15, P.S.- Bhatni, District- Madhepura
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Adv.
                                                   Mr.Deepak Kumar Singh, Adv.
                 For the Opposite Party/s :        Mrs.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   19-03-2026                      Heard Mr. N.K. Agrawal learned Senior counsel for

                   the petitioner and learned APP for the State.

                                 2. The petitioner is in custody in connection with

                   Bhatni P.S. Case No. 39 of 2025 for the offence punishable

                   under section-8, 20(b)(ii)(c) of the NDPS Act, lodged on

                   31.07.2025 by the informant.

                                 3. As per the prosecution case, the allegation against

                   the petitioner is that there is recovery of Ganja (Psychotropic

                   substance) weighing 20 Kilograms and 642 Grams from the

                   house of the petitioner.

                                 4. Learned senior counsel for the petitioner submits

                   that because of illegal activity of the petitioner’s son who is said

                   to have been arrested by the police and is, at present, under

                   judicial custody for an allegation of being in possession of 20
Patna High Court CR. MISC. No.78094 of 2025(4) dt.19-03-2026
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          Kilograms and 642 Grams of Ganja, a Psychotropic substance

          which is said to have been recovered from the house of this

          petitioner where the petitioner’s son was also residing. The

          Psychotropic substance (Ganja) is said to have been kept in red

          colour cloth and plastic carpet in the courtyard. It has next been

          submitted that before filing of the charge-sheet in the case, FSL

          report with regard to the seized Ganja was not obtained from the

          Forensic Science Laboratory and by referring to the report

          issued by the Assistant Director, Regional Forensic Science

          Laboratory, Bhagalpur duly counter signed by Director,

          Regional Forensic Science Laboratory, Bhagalpur which is

          apparently prepared on 27.01.2026, it is submitted that there is a

          legal ambiguity in submission of the charge-sheet against this

          petitioner. It is next submitted that for the fault of the

          petitioner’s son, the petitioner, being mother of the co-accused,

          Dharmendra Kumar, has remained under judicial custody since

          01.08.2025 having no criminal antecedent.

                       5. Learned APP vehemently opposes the prayer for

          bail by submitting that a huge quantity of Ganja has been

          recovered from the house of the petitioner and her

          accomplicement cannot be ruled out, therefore, she does not

          deserve the privilege of bail.
Patna High Court CR. MISC. No.78094 of 2025(4) dt.19-03-2026
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                       6. Considering the period of custody of the petitioner

          who has remained in custody since 01.08.2025 having no

          criminal antecedent and the fact that the investigation is

          completed and the charge-sheet has been filed, this Court is

          inclined to extend her the privilege of bail.

                       7. Let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

          two sureties of like amount each to the satisfaction of learned

          Sessions Judge-cum-Special Judge, NDPS Act, Madhepura, in

          connection with aforesaid PS Case, subject to the following

          conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/their bail bond
                                  by the Trial Court itself;
                                               (iii) the petitioner(s) shall in no
                                  way try to induce or promise or threat the
                                  witnesses or tamper with the evidences,
                                  failing which the State shall be at liberty to
                                  take steps for cancellation of the bail bonds;
             Patna High Court CR. MISC. No.78094 of 2025(4) dt.19-03-2026
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                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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