Patna High Court
Rukhmani DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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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