Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The petition for regular bail was dismissed because the seriousness of the offences and the material on record outweigh the argument of elapsed time.
Summary
Babita Devi was arrested in connection with offences under Sections 103(1), 238 and 3(5) of the Bihar Narcotic Substances Act, 2023. She had previously applied for regular bail, which was rejected on 17-01-2025 due to the serious nature of the charges. In a fresh bail petition she relied only on the passage of time, claiming she had been in custody for over a year and that no prosecution witness had yet been examined. The High Court, noting the gravity of the alleged offences and the material on record, declined to grant bail, stating that the mere lapse of time was insufficient. The Court directed the trial court to complete the trial within a year and ordered the Superintendent of Police to ensure the appearance of prosecution witnesses, allowing the petitioner to file a fresh bail application if the trial is not concluded within that period.
Issues considered
- Whether the petitioner is entitled to regular bail solely on the ground of the passage of time since the earlier bail rejection.
- Whether the seriousness of the offences under the B.N.S. 2023 warrants denial of bail despite the petitioner’s prolonged pre‑trial detention.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- pre‑trial detention
- serious offence
- expedited trial
- witness attendance
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8448 of 2026
Arising Out of PS. Case No.-333 Year-2024 Thana- NOORSARAI District- Nalanda
======================================================
Babita Devi, Wife of Tuntun Ram Resident of Village- Dharampur, P.S.- Noor
Sarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saubhagya Suman, Advocate.
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Noor
Sarai P.S. Case No. 333 of 2024 dated 24.07.2024 registered for
the offences punishable under Sections, 103(1), 238 and 3(5) of
B.N.S. 2023.
3. The previous petition of the petitioner for regular
bail was already rejected by this Court vide order dated
17.01.2025 passed in Cr. Misc. 80693 of 2024 in view of serious
nature of offence and meterials on record. Hence, the present
petition has been filed praying for regular bail on no new
ground except the passage of time since 17.01.2025, the date of
rejection of the previous regular bail petition.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.8448 of 2026(3) dt.25-02-2026
2/3
charge has been framed on 16.06.2025 and case is at the stage of
prosecution evidence, but till date no prosecution witness has
been examined.
5. He further submits that the petitioner is in custody
for about one year and seven months i.e. since 24.07.2024.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the serious nature of the offence and
materials on record, I am not persuaded to enlarge the petitioner
on bail.
10. Accordingly, the prayer for bail of the petitioner
stands rejected.
11. However, learned Trial Court is directed to
expedite the trial and conclude it within next one year, failing
which, the petitioner will be at liberty to renew her prayer for
regular bail.
12. The Superintendent of Police, Nalanda at
Biharsharif, is also directed to ensure that the witnesses in this
case appear before learned court below for examination as per
prosecution witnesses.
Patna High Court CR. MISC. No.8448 of 2026(3) dt.25-02-2026
3/3
13. Let a copy of this order be sent to the
Superintendent of Police, Nalanda at Biharsharif as well as
learned trial court.
(Jitendra Kumar, J)
S.Ali/-
U T
Checking your session…