Patna High Court
Rabila KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Rabila Khatoon was arrested in connection with a case registered under Sections 8 and 20(b)(ii)(B) of the NDPS Act, based primarily on the testimony of a police chowkidar who claimed she was present at a field where contraband was seized. The petitioner contended that she had no relationship with the co-accused, possessed a clean record, and that the allegation was implausible for a woman. She had been in custody since 8 September 2025 and argued that the evidence against her was weak and that she was likely to be acquitted. The State opposed bail, but the court noted her gender, lack of prior criminal history, and the tenuous basis of the accusation. Consequently, the court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether bail should be granted to an accused under Sections 8 and 20(b)(ii)(B) of the NDPS Act when the primary evidence is a police chowkidar's statement.
- Whether the petitioner’s gender, clean antecedents, and prolonged pre‑trial detention warrant bail.
- Whether the material on record creates a reasonable doubt sufficient to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- NDPS Act
- bail
- pre‑trial detention
- gender considerations
- sections 8
- section 20(b)(ii)(B)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86848 of 2025
Arising Out of PS. Case No.-114 Year-2025 Thana- NAKARDEI District- East Champaran
======================================================
Rabila Khatoon W/O Sheikh Karmullah @ Faidar R/O Village- Sirsiya Mal,
P.S.- Nakardei, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the State : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Krishna Kant Singh, learned counsel for
the Petitioner and Mr. Shantanu Kumar, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
Nakardei P.S. Case No. 114 of 2025 dated 07.09.2025 registered
for the offences punishable under Sections 08 and 20(b)(ii)(B)
of the NDPS Act.
3. The main submissions advanced by the petitioner’s
counsel are that, as per the FIR, the alleged contraband, being
smack and charas-like substances, were allegedly recovered
from the sugarcane field of the co-accused Md. Gani, with
whom the petitioner has no relationship or connection, the
petitioner and her husband have been made accused mainly on
the basis of the disclosure made by the police chowkidar, who
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claimed that the petitioner was also present at the alleged place
at the time of recovery and managed to escape upon seeing the
police party, but the said allegation is completely unbelievable,
as the petitioner is a lady having a clean past history, so it is
highly impossible that she would remain present on the land of
another person and managed to escape on seeing the police
party. Further, she has suffered a lot, as she has been languishing
in jail since 08.09.2025. It is further submitted that, in view of
the materials collected by the investigating officer, the
accusation levelled against the petitioner appears to be highly
doubtful, and there is a great chance of acquittal of the petitioner
from the alleged offences.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. In the facts and circumstances of this case, and
considering the aforesaid submissions and the averments made
in the application, mainly coupled with the fact that the
petitioner is a lady bearing no criminal antecedents and has been
languishing in jail since 08.09.2025, and also taking into
account that the main ground on which the petitioner has been
made an accused is the disclosure made by the police
chowkidar, in my opinion, it is a fit case for granting bail to the
Patna High Court CR. MISC. No.86848 of 2025(2) dt.09-01-2026
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petitioner. Accordingly, let the petitioner named-above be
released on bail on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the concerned Court in connection with
Nakardei P.S. Case No. 114 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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