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Patna High Court

Rukhmani DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding that the circumstances did not justify continued detention.

Summary

The petitioner, Rukhmani Devi, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing eight grams of a smokable narcotic substance. She claimed innocence, arguing that the seizure was conducted by police without complying with Section 105 of the BNSS and that the quantity recovered was far below commercial levels. The State opposed bail, contending that possession of any narcotic substance warrants continued detention. The Court examined the small quantity, the petitioner’s clean criminal record, and the procedural lapse alleged in the seizure. Considering these factors, the Court found no compelling reason to keep the petitioner in custody. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act for possession of a small quantity of narcotic substance
  • Whether non‑compliance with Section 105 of the BNSS in the seizure process warrants bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • possession
  • Section 105
  • police seizure
  • criminal antecedent
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84471 of 2025
                       Arising Out of PS. Case No.-605 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Rukhmani Devi W/O Rajesh Bind R/O Vill.- Kusumpur Nahar Digh
                 Road,P.S-Rupaspur,Dist.- Patna
                                                                  ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jainendra Kumar Pushkar, Advocate
                 For the Opposite Party/s :       Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   31-01-2026                  Heard Mr. Jainendra Kumar Pushkar learned counsel

                   for the petitioner and Ms. Madhuri Lata, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Rupaspur P.S. Case No. 605 of 2025 registered for the

                   offence punishable under Sections 8(c) and 21(b) of the

                   N.D.P.S. Act.

                                3. The case of the prosecution is that from the

                   possession of the petitioner, altogether 8 gram of smack like

                   substance was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. Petitioner is a lady and she has been

                   falsely implicated in this case. She has no any concern with the

                   alleged recovered contraband. Learned counsel for the petitioner
            Patna High Court CR. MISC. No.84471 of 2025(3) dt.31-01-2026
                                                        2/2




                      has submitted that the witnesses of the seizure list are police

                      personnel and police has not complied Section 105 of the

                      BNSS. It has further been submitted by learned counsel for the

                      petitioner that alleged recovery, if any, is though more than

                      small quantity but is much less than commercial quantity. She is

                      having no criminal antecedent and she is languishing in judicial

                      custody since 27.09.2025.

                                   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

                      Sessions Judge / Special Judge(N.D.P.S.), Patna in connection

                      with Rupaspur P.S. Case No. 605 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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