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Patna High Court

Mousam KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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