Patna High Court

Shobha DeviversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner.

Summary

Shobha Devi applied for bail in a criminal case (Pathkhauli P.S. Case No. 213 of 2025) alleging offences under Sections 143, 61(2)(3) and 3(5) of the Bihar Narcotic Substances Act, 2023, related to alleged human trafficking. The prosecution alleged that the petitioner, along with others, was involved in trafficking, but the FIR was vague and no victim had given a statement. The petitioner’s counsel argued innocence, lack of specific allegations, no prior criminal record, and cited that similarly situated co‑accused had been granted bail in earlier cases. The State opposed bail. The Court, noting the absence of victim testimony, the vague nature of the charges, and the petitioner’s clean record, decided to enlarge bail, directing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted in a case of alleged human trafficking under the Bihar Narcotic Substances Act, 2023 given the lack of victim testimony and vague allegations.
Whether the petitioner’s clean criminal record and precedent of bail to co‑accused warrant bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 143, 3(5), 61(2)(3)

Subjects

bail
human trafficking
Bihar Narcotic Substances Act
criminal procedure
victim testimony
pre‑cedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91799 of 2025
                 Arising Out of PS. Case No.-213 Year-2025 Thana- PATKHAULI District- West Champaran
                 ======================================================
                 Shobha Devi W/o Madan Ram Resident of village- Pirpati, P.S.- Yogapatti,
                 District- West Champaran
                                                                        ... ... Petitioner/s
                                             Versus
                 The State of Bihar Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Archana Jha, Advocate
                 For the Opposite Party/s :      Mr.Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-01-2026                    Heard the parties.

                                2. The petitioner has prayed for bail in connection with

                   Pathkhauli P.S. Case No. 213 of 2025 registered for the offence

                   punishable under Sections 143, 61(2) (3) and 3(5) of the B.N.S.,

                   2023.

                                3. The case of the prosecution in short is that the

                   petitioner along with others are indulged in human trafficking.

                                4. Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner is innocent and he has been falsely

                   implicated in this case. It is further submitted that a bare perusal

                   of the FIR, it is not clear as to whom the petitioner has allegedly

                   trafficked. A general and vague story has been created that the

                   petitioner and others are indulging in human trafficking. There is

                   no complaint from any person and from a perusal of the order of

                   the learned trial court also, it transpires that during the course of
            Patna High Court CR. MISC. No.91799 of 2025(2) dt.30-01-2026
                                                        2/2




                      investigation, no victim has given her statement regarding the

                      alleged occurrence. It is further submitted that similarly situated

                      co-accused persons has been granted bail by this Court and a co-

                      ordinate Bench of this Court vide order dated 15.12.2025 passed

                      in Cr. Misc. No. 84892 of 2025 and vide order dated 22.12.2025

                      passed in Cr. Misc. No. 84326 of 2025 respectively. Moreover, a

                      statement has been made in para 3 of the petition that petitioner

                      has no criminal antecedent and he is languishing in judicial

                      custody since 03.09.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail.          The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                      the like amount each to the satisfaction of the learned Additional

                      Chief Judicial Magistrate 1st Class, Bagaha, West Champaran,

                      Bettiah in connection with Pathkhauli P.S. Case No. 213 of 2025.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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