Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Rita Devi, the petitioner, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 8(c), 21(b) and 29) after a co‑accused named her as a participant in the sale of 57.53 grams of smack. She contended that she was falsely implicated, had not been found with any contraband, and that the only incriminating evidence was the testimony of another accused who had already been released on bail. The State opposed her bail, arguing the seriousness of the NDPS offences. The High Court considered the submissions, the lack of physical evidence against her, and the fact that she had been in custody since 31‑10‑2025, and ordered her release on bail with a Rs 10,000 bond and two sureties, imposing conditions regarding attendance, future offences, and verification of her criminal antecedent. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under the NDPS Act.
- Whether the evidence, primarily the co‑accused's testimony, justifies continued detention.
- Whether the petitioner’s prior criminal record impacts the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- pre‑trial detention
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83779 of 2025
Arising Out of PS. Case No.-471 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Rita Devi, Wife of Late Moti Chaudhari @ Ashok Chaudhary, Resident of
Village - Panch Mohallah, P.S. - Jehanabad, Dist. - Jehananbad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitya Nand Neeraj, Advocate
Ms. Kumari Anjani Sinha, Advocate
For the Opposite Party/s : Mr. Rita Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Jehanabad P.S. Case No. 471 of 2025 registered
for the offences punishable under Sections 8(c), 21(b) and 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. As per the prosecution case, the informant has
stated that during the course of patrolling, he got information
that co-accused Upendra Chaudhary @ Fatta is selling smack
from his house. A raid was conducted and upon seeing the
police, he fled away, but one woman was apprehended, who
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disclosed her name as Priya Devi and thereafter the police
personnel searched the house of Upendra Chaudhary @ Fatta
and total 57.53 grams of smack was recovered from his house. It
is further alleged that the apprehended person disclosed the
names of other co-accused persons, who were involved in the
supply of smack, including the petitioner.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case merely
because she has one criminal case in her name. It has next been
submitted that the name of the petitioner has been taken by the
apprehended co-accused, wherein she has stated that the
petitioner was also involved in the selling of smack. It has next
been submitted that the petitioner was not apprehended with any
incriminating article and the apprehended accused person,
namely, Priya Devi has been enlarged on bail by a learned Co-
ordinate Bench of this Hon’ble Court in Cr. Misc. Case No.
53421 of 2025 vide order dated 11.08.2025. The petitioner is
languishing in jail since 31.10.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
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furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection Jehanabad P.S. Case No. 471 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioner
shall be her close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of her
bail bond.
(v) The learned 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.
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7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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