Created by Fuzzy Cloud

Patna High Court

Prabhawati DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.