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Patna High Court

Rita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.83779 of 2025(2) dt.05-01-2026
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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
Patna High Court CR. MISC. No.83779 of 2025(2) dt.05-01-2026
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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.
              Patna High Court CR. MISC. No.83779 of 2025(2) dt.05-01-2026
                                                          4/4




                                     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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