Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Punam Devi, the petitioner, was arrested in connection with a narcotics case (Case No. 65 of 2025) for alleged offences under Section 61(2) of the Bihar Narcotic Substances Act and Sections 8 and 20(b)(ii)(c) of the NDPS Act. The prosecution alleged that a large quantity of cannabis (approximately 155 kg) was recovered from the rear seat of a car in which the petitioner was a passenger, while the co-accused Pramod Yadav occupied that seat. The petitioner contended that she had no knowledge of or control over the contraband, had no criminal record, and was merely a passenger. The State opposed her bail application. After hearing both sides, the Court found that the petitioner’s mere presence did not justify continued detention and ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, who was merely a passenger, is entitled to bail despite the recovery of narcotics from the vehicle.
- Whether the allegations under Section 61(2) B.N.S. and Sections 8 and 20(b)(ii)(c) NDPS Act warrant denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 61(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 8
Subjects
- bail
- narcotics
- NDPS Act
- Bihar Narcotic Substances Act
- possession
- passenger
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7966 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- KHODAWANDPUR District- Begusarai
======================================================
Punam Devi, Wife of Shashikant Giri, Resident of village Sushil Nagar, P.S.-
Singhoul, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Khudabandpur P.S. Case No. 65 of 2025 registered for the
offence punishable under Section 61(2) of B.N.S. and Sections 8
and 20(b)(ii)(c) of N.D.P.S. Act.
3. The case of the prosecution, in short, is that the
petitioner was sitting in a car with the baby. The car was
apprehended. A man named Pramod Yadav was sitting on the
back seat of the car and below the back seat, altogether 155 kg
400 gram ganja like object was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. She has been falsely implicated in this
Patna High Court CR. MISC. No.7966 of 2026(2) dt.06-02-2026
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case. Nothing has been recovered from her possession. She was
only a passenger on that car and it is clear from the seizure list
also that the recovery was made from the rear seat which was
occupied by the co-accused Pramod Yadav. Petitioner is a lady.
She is having no criminal antecedent and she is languishing in
judicial custody since 12.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Principal Sessions Judge, Begusarai in connection with
Khudabandpur P.S. Case No. 65 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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