Patna High Court
Jasiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
Jasiya Devi was arrested under Sections 8 and 20(b)(II B) of the NDPS Act for allegedly possessing 10.41 kg of ganja, part of a total 31.1 kg seized at Sakri railway station. She contended that no contraband was recovered from her, that her thumb impression was obtained under duress, and that she was falsely implicated, emphasizing her poverty, illiteracy, clean record, and prolonged custody since December 2025. The State opposed bail, while the petitioner highlighted that the quantity involved was below the commercial threshold and that a co‑accused had already been granted bail. The Court, noting the lesser quantity, the petitioner’s clean antecedent, the submission of the charge sheet, and the circumstances of her detention, ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order includes requirements for personal appearance and provisions for cancellation upon violation.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when the seized quantity is less than the commercial quantity.
- Whether the alleged forced procurement of thumb impressions and confession impacts the grant of bail.
- Whether the clean antecedent and prolonged pre‑trial custody justify bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(II B), 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- forced confession
- pre‑trial detention
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8933 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- DARBHANGA GRP CASE District-
Darbhanga
======================================================
Jasiya Devi W/o- Sri Ram Sahni R/o Village- Mustafapur Ps-Bisanpur Dist-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Adv.
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Rail P.S. Case no.171 of 2025, registered under
Section 8 and 20(b)IIB of the NDPS Act.
3. As per the prosecution case, on information by the
Officer in Charge, Darbhanga, three ladies were apprehended by
the police from the Sakri railway station carrying ganja. Total
31.100 kg ganja was recovered from the petitioner and other
coaccused persons. Recovery of 10.41 kg of ganja in a bag is
said to have been made from the possession of this petitioner.
4. Learned counsel appearing on behalf of the
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petitioner submits that no incriminating article has been
recovered from the petitioner’s possession and she has been
falsely implicated in the case. Learned counsel further submits
that the recovered quantity of ganja from the petitioner is less
than the commercial quantity. Learned counsel further submits
that the thumb impression of the petitioner was taken on several
blank papers forcefully under duress and later on it turned into
confession. Learned counsel further submits that coaccused
person has been granted bail by a Coordinate Bench of this
Court vide order dated 04.02.2026 passed in Cr. Misc. No. 6484
of 2026. The petitioner is a poor and illiterate lady who has no
criminal antecedent and she is in custody since 06.12.2025. She
undertakes to cooperate in the investigation/trial. Charge sheet
has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
quantity of the recovered contraband to be less than the
commercial quantity and further considering the clean
antecedent of the petitioner, her period of custody and
submission of charge sheet, the petitioner is directed to be
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released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Principal District and
Sessions Judge, Darbhanga/concerned court, in connection with
Rail P.S. Case no.171 of 2025, subject to the condition laid
down under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(iv) If the criminal antecedent of the
petitioner differs from the criminal
antecedent as mentioned in the present
petition, her bail bond will not be
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accepted by the learned trial court and the
prosecution will be at liberty to move
before this Court for cancellation of bail
of the petitioner.
(Arun Kumar Jha, J)
Anuradha/-
U T
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