Patna High Court
Prabhawati DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted, releasing the petitioner on a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Prabhawati Devi, was arrested after police seized 1.353 kg of ganja, five mobile phones and cash of Rs.1,48,320 from her house and charged her under several provisions of the NDPS Act. She contended that she had no conscious possession of the narcotics, that the seizure was made without an independent witness and that mandatory procedural requirements under Sections 105 and 185 of the Bihar Narcotic Substances Act were not complied with. The petitioner, a first‑time offender and a woman, had been in custody since 1 November 2025 and offered to cooperate with the trial. The State opposed the bail application, arguing the seriousness of the offence. Considering the lack of prior criminal record, the procedural lapses, the non‑commercial quantity of the seized narcotics and the petitioner’s willingness to abide by conditions, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused under the NDPS Act when the seized quantity is non‑commercial and procedural safeguards under the Bihar Narcotic Substances Act were not observed.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 185
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)C, 22(ii)(b)(c), 23(C), 25, 29
Subjects
- bail
- NDPS Act
- drug seizure
- procedural lapse
- conscious possession
- first‑time offender
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9338 of 2026
Arising Out of PS. Case No.-732 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Prabhawati Devi W/O Sukhram Singh R/O Village- Panapur, Ranjita, P.S-
Harsidhi, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kuldeep Thakur, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered
under Sections 20(b)(ii)C, 23(C), 29, 25, 22(ii)(b)(c) of N.D.P.S.
Act.
3. As per prosecution case, total recovery of 1.353 kg
ganja along with five mobiles and cash of Rs.1,48,320/-was
made from the house of petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case only to harass the petitioner. Nothing has been recovered
from conscious possession of the petitioner. Petitioner was
apprehended by police while she was coming from market. It is
alleged that the recovery of 1.353 kg ganja was made from the
Patna High Court CR. MISC. No.9338 of 2026(2) dt.17-02-2026
2/2
house of petitioner which is less than the commercial quantity.
There is no independent witness of the seizure list. The
mandatory provisions of Sections 105 and 185 of B.NS.S have
not been complied with. The charge sheet has already been
submitted and there is no chance of absconding of the petitioner
or tampering with the evidence. Petitioner, who is a lady, is in
jail since 01.11.2025 having no criminal antecedent and she
undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Considering the facts and circumstances of the
case, clean antecedent of the petitioner as well as the period of
custody undergone by the petitioner, let the above named
petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special
Judge/Sessions Judge, East Champaran at Motihari/concerned
court in connection with N.D.P.S. G.R. Case No.155 of 2025
arising out of Harsidhi P.S. Case No.732 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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