Patna High Court
Duliya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Duliya Devi was arrested in connection with a case alleging possession of 11.682 kg of ganja-like substances recovered from a bus, under Sections 8(c) and 20(B)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985. She contended that she had no conscious possession, that the seizure was not signed by independent witnesses, violating Section 50 of the NDPS Act, and that no forensic scientific laboratory report was produced. The State opposed her bail, citing the seriousness of the offence. The High Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions such as cooperation with the trial, presence of a blood‑relative bailor, and prohibition against tampering with evidence or witnesses. The bail was ordered subject to cancellation if the conditions were breached.
Issues considered
- Whether bail should be granted in an NDPS offence involving alleged possession of a large quantity of narcotic substances.
- Whether procedural lapses such as lack of independent witness signatures on the seizure list and absence of an FSL report justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)B, 50, 8(c)
Subjects
- bail
- NDPS Act
- possession of narcotics
- procedural violation
- seizure list
- forensic scientific laboratory report
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87005 of 2025
Arising Out of PS. Case No.-340 Year-2025 Thana- RAJPUR District- Buxar
======================================================
Duliya Devi, W/O Late Radhesyam Singh, R/O Village-Karaila, Police
Station-Rajpur, District-Buxar (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Upadhyay, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Rajpur
P.S. Case No. 340 of 2025 dated 18.10.2025 instituted for the
offence punishable under Sections 8(c), 20(B)(ii)B of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The allegation against the petitioner is that total
11.682 kg. Ganja like substances kept in two bags has been
recovered from the possession of the petitioner, who was
traveling in a bus bearing Registration No. BR44P8131.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and she has been falsely implicated in this
case. Learned counsel for the petitioner further submits that the
petitioner is lady aged about 40 years and nothing has been
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recovered from the conscious possession of the petitioner. The
said Ganja like substances was recovered from the said bus. The
petitioner has no concern with the said recovered articles. It is
further submitted that no independent witnesses have put their
signature over the seizure list and as such, there is complete
violation of Section 50 of the N.D.P.S. Act. Lastly, it has been
submitted that the petitioner is in custody since 18.10.2025
having no criminal antecedents. Charge-sheet has been
submitted in the case without any F.S.L. report.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge, N.D.P.S.
Act, Buxar in connection with Rajpur P.S. Case No. 340 of
2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
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bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Khatim Reza, J)
premchand/-
U T
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