Patna High Court
Sita Devi @ Devki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- NDPS Act — s. 20(b)(ii)(c), 8
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.
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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;
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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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