Patna High Court
Roji BegumversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail is appropriate and granted it subject to statutory conditions.
Summary
Roji Begum applied for anticipatory bail fearing arrest in a Special NDPS case where 94 gm of smokeless tobacco (smack) was recovered from her residence. She asserted innocence, clean antecedents, and highlighted that neither she nor her husband had been arrested. The State opposed the bail, citing the seriousness of the offences under Sections 8(c), 21(b) and 29 of the NDPS Act. The High Court, after considering the submissions, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to cooperate with the trial. The bail was granted subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS, with non‑compliance leading to cancellation of the bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in the context of an NDPS offence.
- Whether the facts of the case, including the seizure of 94 gm of smack, justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 29, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- drug possession
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89825 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- GALGALIYA District- Kishanganj
======================================================
Roji Begum W/O Hamidul Ansari R/O Darbhangia Tola, Bhatgaon, P.S-
Galgalia, Distt.- Kishangaj (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr.Dhananjaya Nath Tiwari, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Senior Counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends her arrest in connection
with Special Case No. 45(A)/2025 arising out of Galgalia P.S.
Case No. 67 of 2025 registered for the offence under Sections 8(c)/
21(b)/ 29 of the N.D.P.S. Act.
3. As per the prosecution case, from the house of
petitioner 94 gm of smack was recovered.
4. It has been submitted by the learned Senior
Counsel for the petitioner that the petitioner is innocent and she
has falsely been implicated in this case. Learned Senior Counsel
further submits that neither the petitioner nor her husband was
arrested and her husband was not made accused. It is next
submitted that petitioner is a woman and she has two year old
Patna High Court CR. MISC. No.89825 of 2025(2) dt.04-02-2026
2/2
child. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioner, above named, in the event of her
arrest or surrender before the concerned Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge (NDPS Act)/
concerned Court below in connection with Galgalia P.S. Case No.
67 of 2025, subject to the conditions laid down in Section 438(2)
of the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS and subject to following condition:-
(i) the petitioner after being released on bail
is directed to co-operate in the trial either by appearing
personally or through her lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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