Patna High Court
Mousam KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of any incriminating material against the petitioner, anticipatory bail is warranted under Section 482(2) of the B.N.S.S.
Summary
Mousam Kumari feared arrest in a case under Sections 8(c) and 21(a) of the NDPS Act after co‑accused Poonam Devi’s statement implicated her. The prosecution relied solely on the recovered 28 grams of narcotic from Poonam Devi’s house and her disclosure of the petitioner’s name. The petitioner’s counsel argued that no incriminating article was found on her, she has a clean record, and the only material is the co‑accused’s statement. The State opposed anticipatory bail. The Court, noting the absence of any direct evidence against the petitioner and her clean antecedents, allowed the prayer for anticipatory bail, directing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order applies if she is arrested or surrenders within eight weeks.
Issues considered
- Whether anticipatory bail can be granted when the only allegation against the petitioner stems from a co‑accused’s statement.
- Whether the lack of any incriminating material in the petitioner’s possession and her clean antecedents justify the grant of anticipatory bail under the NDPS Act.
- Whether Section 482(2) of the B.N.S.S. empowers the court to enlarge bail in such circumstances.
Legislation cited
- B.N.S.S. — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(a), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- clean antecedents
- co‑accused statement
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7848 of 2026
Arising Out of PS. Case No.-500 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Mousam Kumari Wife of Ankit Kumar Resident of Village- Babhangama,
Ward No. 08, P.S.- Bihariganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Uday Chand Prasad, Advocate
Mr. Manoj Kumar, Advocate
Ms. Pooja Prasad, Advocate
For the State : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 8(c) and
21(a) of the N.D.P.S. Act.
3. As per prosecution case, 28 grams of smack was
recovered from the house of co-accused Poonam Devi who
disclosed the name of this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.7848 of 2026(2) dt.20-02-2026
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this case only on the basis of disclosure made by co-accused
Poonam Devi. Save and except confessional statement, there is
no material on record to show the complicity of this petitioenr in
the alleged offence. No incriminating article has been recovered
from possession of this petitioner. Petitioner is a lady and claims
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of this petitioner and clean antecedents of the
petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge-cum-Special
Judge, N.D.P.S. Act, Madhepura in connection with Bihariganj
P.S. Case No. 500 of 2025, subject to condition as laid down
Patna High Court CR. MISC. No.7848 of 2026(2) dt.20-02-2026
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under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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