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Patna High Court

Behula @ Behula BibiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties and verification of a clean antecedent.

Summary

Behula Bibi was arrested on 29 November 2025 in connection with a case registered under Sections 8(c), 20(b)(ii) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act for alleged possession of 206 grams of smack. She applied for bail, asserting that she has no prior criminal record and that she is a woman falsely implicated in the matter. The court considered the intermediate quantity of the drug, her gender, and the length of her custody. It granted bail on a bond of Rs.10,000 with two sureties, subject to verification of her antecedent by the Superintendent of Police, Malda. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted in an NDPS case involving an intermediate quantity of narcotic substance.
  • Whether the petitioner’s gender and lack of criminal antecedent justify bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotics
  • intermediate quantity
  • gender considerations
  • criminal antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91611 of 2025
                         Arising Out of PS. Case No.-471 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Behula @ Behula Bibi Wife of Mansoor Ali Resident of Village Khanta, P.S.-
                 Harishchandrapur, Dist.- Malda, West Bengal

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madan Mohan
                 For the Opposite Party/s :        Mr.Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   16-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Palasi P.S. Case No. 471 of 2025 registered for the offence

                   under Sections 8(c), 20(b)(ii), 22(c) of the NDPS Act.

                                    3. As per the prosecution case, the recovery is of

                   206 grams of Smack.

                                    4. The petitioner is in custody since 29.11.2025 and

                   she claims to have no criminal antecedent.

                                    5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and she is woman and has falsely

                   implicated in this case.

                                    6. Considering the recovery of intermediate

                   quantity of Smack, the fact that she is a woman and her period
          Patna High Court CR. MISC. No.91611 of 2025(5) dt.16-04-2026
                                                      2/2




                    of custody, this application is allowed.

                                      7. Let the petitioner, above named, 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 concerned Court below in connection with Palasi

                    P.S. Case No. 471 of 2025.

                                    8. As a condition of this order, the Court below,

                    before accepting the bail bonds of the petitioner will verify the

                    antecedent of the petitioner by calling a report from the

                    Superintendent of Police, Malda and the bail bonds of the

                    petitioner shall only be accepted if the antecedent of the

                    petitioner is found to be clean.

                                    9. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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