Patna High Court
Pinki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions, as the seized quantity was below commercial quantity and statutory embargo did not apply.
Summary
Pinki Devi was arrested on 10 September 2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 143.260 grams of brown sugar/smack. She filed a bail application claiming innocence, asserting that the seized quantity was below the commercial threshold and that the police had not complied with mandatory provisions of Sections 42 and 50 of the NDPS Act, thereby negating the embargo under Section 37. The prosecution opposed bail, noting a prior criminal antecedent. The High Court, after considering the facts and the statutory provisions, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of her criminal antecedent. The order directed the lower court to release her on bail while ensuring compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of narcotic substances under the NDPS Act.
- Whether the quantity seized falls below the commercial quantity, thereby removing the statutory embargo on bail under Section 37.
- Whether non‑compliance with mandatory provisions of Sections 42 and 50 of the NDPS Act affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotic drugs
- quantity less than commercial
- Section 42
- Section 50
- Section 37
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79426 of 2025
Arising Out of PS. Case No.-673 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Pinki Devi W/o Kamlesh Choudhary R/o Nakhal Toli, Near Children Jail,
P.S.- Alamganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Raj Krishna Jha, learned counsel for the
petitioner and Mr. Yogendra Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.09.2025 in connection with Agamkuan P.S. Case No. 673 of
2025, F.I.R. dated 11.09.2025 for the offences punishable under
Sections 8(c), 21(b) of the Narcotic Drugs & Psychotropic
Substance Act, 1985.
3. Recovery is of 143.260 grams of Brown
Sugar/smack.
4. Learned counsel for the petitioner submits that
petitioner is innocent and she has falsely been implicated in the
present case. It appears from the FIR that 143.260 grams of
Narcotic Powder Brown Sugar/Smack was recovered from the
Patna High Court CR. MISC. No.79426 of 2025(4) dt.29-01-2026
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possession of the petitioner. He further submits that there is non-
compliance of the mandatory provision of Sections 42 and 50 of
the N.D.P.S. Act and it appears that the recovered contraband is
less than the commercial quantity. Hence, there is no embargo
under Section 37 of the N.D.P.S Act for grant of bail to the
petitioner. He further submits that the police after investigation
submitted the charge sheet. The petitioner is in custody since
10.09.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
apart from that the petitioner carries one criminal antecedent
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances
and the fact that the recovered contraband is less than the
commercial quantity, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Sessions judge-cum-
Special Judge, N.D.P.S Act, Patna in connection with Agamkuan
P.S. Case No. 673 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.79426 of 2025(4) dt.29-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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