Patna High Court
Reeta DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted as the petitioner was not found in possession of any incriminating article and the case did not warrant denial of bail.
Summary
The petitioner, Reeta Devi, sought anticipatory bail fearing arrest in a case under Sections 21(c), 22(c) and 29 of the NDPS Act. The police seized 12 litres of codeine cough syrup from a co‑accused who alleged the syrup was to be delivered to the petitioner’s house. The petitioner argued she had no possession of the seized article and was being implicated solely on the co‑accused’s confession, also noting two unrelated prior bail cases. The State opposed the bail on the ground of the serious nature of the NDPS offences. The Court, noting the absence of any incriminating article in the petitioner’s conscious possession, allowed the anticipatory bail, directing that if arrested within eight weeks she be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when no incriminating article is found in the petitioner’s possession in an NDPS case.
- Whether a confession of a co‑accused alone suffices to justify denial of anticipatory bail.
- Whether the conditions under Section 482(2) of the B.N.S.S. are applicable to the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22(c), 29
Subjects
- anticipatory bail
- NDPS Act
- seizure of narcotics
- confessional statement
- bail bond
- sureties
- Section 482(2) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89675 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- KUNAULI District- Supaul
======================================================
Reeta Devi, W/O Vijay Mandal, R/O Vill.- Kunauli, ward no. 2, P.S.- Kunauli,
District- Supaul.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 21(c), 22(c)
and 29 of the N.D.P.S. Act.
3. Informant, namely, Raju Kumar (SHO-Kunauli
Thana), seized 12 litres of codeine cough syrup from co-accused
namely, Rohit Kumar Kamat who disclosed that the alleged
cough syrup was to be delivered to the petitioner’s house.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on confessional
statement of co-accused Rohit Kumar Kamat. Petitioner has got
Patna High Court CR. MISC. No.89675 of 2025(2) dt.15-01-2026
2/2
two criminal antecedents, which are not of similar nature and in
these two cases she is already on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation and the fact
that no incriminating article has been recovered from conscious
possession of this petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Principal District & Sessions
Judge, Supaul, in connection with Kunauli P.S. Case No. 95 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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