Patna High Court
Indra KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail as she had no knowledge of the narcotic contraband and no prior criminal antecedent.
Summary
Indra Kumari, a widow with two minor children, was arrested in connection with the recovery of 51.5 kg of ganja from a vehicle. The co‑accused, Rajiv Kumar, admitted in a confessional statement that he placed her in the vehicle merely to deflect suspicion and that she had no knowledge of the narcotics. The petitioner had no prior criminal record and had been in custody since 16‑06‑2025. She applied for bail under sections 8 and 20(b)(ii)(c) of the NDPS Act. The Court, considering her lack of knowledge, the co‑accused’s statement, and her clean antecedents, ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, who was merely a passenger and had no knowledge of the narcotics, is entitled to bail under the NDPS Act.
- Whether the co‑accused’s confessional statement is sufficient to establish the petitioner’s lack of participation in the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- NDPS Act
- bail
- possession of narcotics
- confessional statement
- widow
- minor children
- no knowledge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83260 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- BAIRGACHHAI District- Araria
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Indra Kumari W/o Late Krishna Kanhaiya Resident of Village - Hauzpur
Majre Amhada, P.S - Barabanki, District - Barabanki
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N A Shamsi, Adv.
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Bairgachhi P.S. Case no.67 of
2025 registered under sections 8 and 20(b)(ii)(c) of the NDPS
Act.
3. There is a recovery of 51.5 Kg. of ganja from a car
bearing BL4CNC5739 and two persons were apprehended,
namely Rajiv Kumar and Indra Kumari (petitioner).
4. Learned counsel for the petitioner submits that
petitioner, is a widow having two minor children, has no
connection with the alleged recovery. The said vehicle was
being driven by one Rajiv Kumar and he has admitted in the
confessional statement made before police that petitioner was
the wife of his friend and he had made her sit in the vehicle so
that no suspicion would be raised on him. The petitioner has no
knowledge whatsoever of any narcotic having been concealed in
Patna High Court CR. MISC. No.83260 of 2025(4) dt.19-02-2026
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the vehicle. The petitioner has no criminal antecedent and she is
in custody since 16.06.2025. She undertakes to cooperate in the
case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner being a widow lady and in view of the confessional
statement of co-accused Rajiv which discloses that she merely
sat in the vehicle and had no knowledge of the narcotic
substance, coupled with the fact that charge-sheet has been
submitted, the petitioner, having no criminal antecedent, is
directed to be enlarged on bail in connection with Bairgachhi
P.S. Case no.67 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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