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Patna High Court

Soni DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Soni Devi, was arrested in connection with a police raid that uncovered alleged violations of Section 61(2) of the Bihar Narcotic Substances Act and Sections 3 to 8 of the Immoral Traffic (Prevention) Act. She contended that she was falsely implicated, that no incriminating material was found on her, and that procedural requirements under Sections 303 and 105 of the B.N.S. were not complied with. The State opposed bail, arguing that she is named in the FIR. The Court noted the petitioner’s gender, the length of her pre‑trial detention, the lack of direct evidence against her, and the fact that a co‑accused in an identical case had been granted bail. Considering these factors, the Court ordered her release on bail with a bond of Rs.10,000 and two sureties, subject to standard conditions for bail.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR under the B.N.S. and ITPA.
  • Whether non‑compliance with procedural provisions of Sections 303 and 105 of the B.N.S. warrants bail.
  • Whether the prior criminal antecedents of the petitioner affect the bail decision.
  • Whether parity with a co‑accused who was granted bail in a similar case mandates bail for the petitioner.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • procedural lapse
  • gender considerations
  • parity
  • criminal procedure
  • immoral traffic
  • narcotic law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89563 of 2025
                       Arising Out of PS. Case No.-154 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 Soni Devi W/o Late Ajay Khalifa @ Late K. B. Khalifa Resident of Village -
                 Mathurapur, Ward No. 6, P.S - Ballia, District – Begusarai.
                                                                             ... ... Petitioner/s
                                                    Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amar Kumar Singh
                 For the Opposite Party/s :        Mr.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   13-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Ballia

                   P.S. Case No. 154/2025 registered for the offences punishable

                   under Section 61(2) of the B.N.S. and 3, 4, 5, 6, 7, 8 of Immoral

                   Traffic (Prevention) Act.

                                3.    As per prosecution case, on the basis of secret

                   informant, the informant along with other police officials

                   conducted a raid near Dandari Dhala at Mathurapur. It is alleged

                   that some persons started fleeing away to see the police force

                   during which some persons succeeded to flee away and some

                   persons apprehended on the spot. It is further alleged that accused

                   persons were indulged in Immoral Traffic Act and some

                   incriminating materials were recovered from the place of

                   occurrence.
Patna High Court CR. MISC. No.89563 of 2025(2) dt.13-01-2026
                                            2/3




                       4.    Learned counsel for the petitioner submits that

          petitioner is quite innocent and has committed no offence as

          alleged in the FIR and he has falsely been implicated in this case

          on the basis of suspicion. Except suspicion, there is nothing on

          record to demonstrate the complicity of the present petitioner with

          the alleged occurrence. The petitioner is a lady. He further submits

          that there is no compliance of Sections 303 and 105 of B.N.S.S.

          The petitioner is languishing in custody since 14.09.2025 and

          bears three criminal antecedents in which she is acquitted in two

          cases and she is on bail in one case. The petitioner is not

          apprehended on the spot and no incriminating article has been

          recovered from the conscious possession of the petitioner. Seizure

          list has not been prepared as per law. He orally submits that charge

          sheet has been submitted in this case and there is no likelihood of

          tampering with the prosecution evidence. On similar and identical

          allegation co-accused Manno Devi @ Mano Devi has already been

          granted bail by the co-ordinate Bench of this Court vide Cr. Misc.

          No.82360/2025 and on the principle of parity the petitioner also

          deserves same treatment.

                       5. The learned A.P.P. for the State vehemently opposes

          the prayer for bail of the petitioner and submits that the petitioner

          is FIR named accused and she cannot escape from the allegation

          made in the FIR.
          Patna High Court CR. MISC. No.89563 of 2025(2) dt.13-01-2026
                                                      3/3




                                 6. Considering the facts and circumstances of the case,

                    period of custody, petitioner is a lady, on similar and identical

                    allegation co-accused has already been granted bail and argument

                    advanced on behalf of both sides and also taking into

                    consideration the material available on record, let the petitioner

                    above named be released on bail on furnishing bail bonds of Rs.

                    10,000/- (Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of learned Chief Judicial

                    Magistrate-Begusarai in connection with Ballia P.S. Case No.

                    154/2025, subject to following conditions:-

                                 (i) One of the bailors shall be either father or mother or

                    sister or brother or wife or the person who has sworn the affidavit

                    in bail application.

                                 (ii) Petitioner will co-operate in trial and will remain

                    present on all dates and absence for two consecutive dates without

                    appropriate permission, would be a ground for cancellation of bail

                    by the learned Trial court itself.

                                 (iii) 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.


                                            (Alok Kumar Pandey, J)
amitkumar/-
U      T


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