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Patna High Court

Rabila KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.86848 of 2025(2) dt.09-01-2026
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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
                                                       3/3




                     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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