Patna High Court

Rani DeviversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL REJECTED
Bench: SHAILENDRA SINGH

Holding

The petition for regular bail was denied.

Summary

Rani Devi, the registered owner of a Hyundai car, was arrested after the vehicle was seized containing 28.2 litres of codeine‑based cough syrup and three mobile phones in a case under Section 21(b) of the NDPS Act. She contended that she was unaware of the contraband as the car had been taken by another individual, Md. Intaz, and that she was not named in the FIR, seeking regular bail. The State opposed bail, highlighting that the vehicle was registered in her name, she had no valid documents, and she has prior accusations in five cases, including three under the Excise Act and two under the NDPS Act. The court examined the FIR and trial court order, noting the large quantity of narcotics and her criminal history. Concluding that the circumstances did not warrant release, the court rejected her bail application.

Issues considered

Whether regular bail can be granted to the registered owner of a vehicle found with narcotics under Section 21(b) of the NDPS Act when she claims lack of knowledge and is not named in the FIR.
Whether the petitioner’s prior criminal record and the quantity of seized narcotics justify denial of bail.

Legislation cited

Excise Act
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b)

Subjects

regular bail
NDPS Act
Section 21(b)
codeine
vehicle ownership
prior criminal record
bail denial
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86149 of 2025
                       Arising Out of PS. Case No.-482 Year-2024 Thana- RANIGANJ District- Araria
                 ======================================================
                 Rani Devi Wife of Tuntun Yadav, Resident of Village- Kharhiya Basti, Ward
                 No. 10, P.S -Araria District- Araria                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mrigendra Kumar, Adv.
                 For the Opposite Party/s :        Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                     Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Raniganj P.S. Case No. 482 of 2024 registered for the offence

                   punishable under Section 21(b) of the NDPS Act.

                                3. As per the prosecution story, on 27.10.2024, the

                   informant intercepted a Hyundai Car on secret information near

                   Hansa Chowk. Two persons, Md. Intaz and Md. Abdul, were

                   apprehended. On search, 28.2 litres of Cough Syrup and three

                   mobile phones were recovered. The accused had no valid

                   documents and admitted illegal possession and the said Cough

                   Syrup was being used for intoxicating purposes and they were

                   engaged in the purchase and sale of codiene-based Corex. They

                   were arrested and the articles were seized.

                                4. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner is a lady, though the alleged Cough

                   Syrup bottles were found in the petitioner’s vehicle (Hyundai Car)
           Patna High Court CR. MISC. No.86149 of 2025(2) dt.12-01-2026
                                                       2/2




                     but the same was not in the knowledge of the petitioner as her

                     vehicle had been taken by Md. Intaz who thereafter misused it, the

                     petitioner has been languishing in jail since 23.09.2025. It is lastly

                     submitted that the petitioner is not named in the FIR and she has

                     been made        accused in the alleged recovery of Cough Syrup

                     bottles mainly on account of being the registered owner of the

                     vehicle.

                                  5. Learned APP appearing for the State has opposed the

                     prayer for bail of the petitioner.

                                  6. Heard both the sides, perused the FIR and the trial

                     court’s order. Though the petitioner is not alleged to have been

                     found in the vehicle (Hyundai Car), but admittedly the said vehicle

                     stood registered in the name of the petitioner at the time of

                     recovery and the petitioner’s past is not clean as she has remained

                     accused in five cases, out of which three relate to the offences

                     punishable under Excise Act and two relate to the offences

                     punishable under NDPS Act and further, the alleged quantity of

                     Cough Syrup bottles containing codeine is large, this Court is not

                     inclined to release the petitioner on bail. Accordingly, her prayer

                     stands rejected.


                                               (Shailendra Singh, J)
maynaz/-
U     T

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