Patna High Court
Kalpana DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail in the NDPS case.
Summary
The petitioners, Kalpana Devi and Nirmal Kumar, were arrested in connection with a Banmankhi police case involving a small quantity of smack, alleged under Sections 8(C) and 21(b) of the NDPS Act. The police recovered the narcotic from co‑accused persons, whose statements implicated the petitioners, but no contraband was found on the petitioners themselves. The petitioners argued they were falsely implicated, had no criminal record, and had been in judicial custody since September and October 2025, while the co‑accused had already been granted bail in similar cases. The State opposed bail, citing the seriousness of the NDPS offences. After hearing both sides, the Court found the petitioners’ case stronger and ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- Whether bail should be granted to the accused under Sections 8(C) and 21(b) of the NDPS Act given the circumstances of the case.
- Whether the absence of seized narcotics from the petitioners and their clean antecedents justify bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(C)
Subjects
- bail
- NDPS Act
- drug offence
- Section 8C
- Section 21b
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87227 of 2025
Arising Out of PS. Case No.-242 Year-2025 Thana- BANMANKHI District- Purnia
======================================================
1. Kalpana Devi, Wife of Asharfi Yadav @ Ashif Yadav, Resident of Ward No.
12, Maweshi Hat Banmankhi, P.S.- Banmankhi, District- Purnea
2. Nirmal Kumar @ NIrmal Kumar Yadav @ Pappu @ Nirmal Yadav, Son of
Asharfi Yadav @ Ashif Yadav, Resident of Ward No. 12, Maweshi Hat
Banmankhi, P.S.- Banmankhi, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Banmankhi P.S. Case No. 242 of 2025 registered for the
offence punishable under Sections 8(C) and 21(b) of the NDPS
Act.
3. The case of the prosecution, in short, is that police
received information about trade of smack in a local ‘hatt’.
Police reached the spot and apprehended three persons and from
their possession, small quantity of smack was recovered. The
apprehended persons have disclosed the name of these
Patna High Court CR. MISC. No.87227 of 2025(2) dt.19-01-2026
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petitioners.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Nothing has been recovered from them rather their names
have surfaced only on the statement of the co-accused who have
stated that they had got the contraband from these petitioners. It
has further been submitted that the co-accused persons from
whose possession, smack was recovered have been granted bail
by learned Co-ordinate Bench vide Cr. Misc. Nos. 68332 of
2025, 70644 of 2025 and 71783 of 2025. The case of these
petitioners stands on better footing. They are having no criminal
antecedent and they are languishing in judicial custody since
29.09.2025 and 10.10.2025 respectively.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.87227 of 2025(2) dt.19-01-2026
3/3
Special Judge (N.D.P.S Act), Purnea in connection with
Banmankhi P.S. Case No.242 of 2025.
(Ashok Kumar Pandey, J)
lata/-
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