Patna High Court granted bail to petitioner Ram Somari Devi charged under NDPS Act for obstructing police and abusing personnel during a raid, noting she was dragged into case due to being wife of accused and had no direct drug supply involvement.
Petitioner released on bail on furnishing bonds of Rs.10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12288 of 2025
Arising Out of PS. Case No.-316 Year-2024 Thana- SONBERSA District- Sitamarhi
======================================================
Ram Somari Devi W/O Shivji Mahto Resident of Village- Jaynagar Ward No.- 10, P.S- Sonbarsa, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
Patna High Court CR. MISC. No.12288 of 2025(5) dt.18-07-2025 2/4
personnel conducted search and recovered total 700 bottles of cough syrup of three different brands and a large number of various types of injections were also recovered.
Patna High Court CR. MISC. No.12288 of 2025(5) dt.18-07-2025 3/4
matter and has specifically mentioned the quantities of the respective contraband in paragraph nos. 12 to 22. Learned APP, therefore, submitted that the recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act. Learned A.P.P. has further relied upon a case of Hon’ble Supreme Court since reported in (2020) 20 SCC 272 (Hira Singh and Another versus Union of India and Another) in which the Hon’ble Apex Court held that in case of seizure of mixture of narcotic drugs or psychotropic substance with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by way of offending drug while determining the “small or commercial quantity” of narcotic drugs or psychotropic substance.
Patna High Court CR. MISC. No.12288 of 2025(5) dt.18-07-2025 4/4
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Sections 21(b), 21(c) of the NDPS Act for obstructing police and abusive language.
Whether the petitioner, being a lady with no direct involvement in alleged drug supply and merely obstructing police, satisfies prima facie requirements for bail.
Colour shows how this judgement treated each authority
Hira Singh and Another versus Union of India and AnotherRelied on¶23
Hira Singh and Another versus Union of India and Another (2020) 20 SCC 272 · Who else cites this
1 provisions across 1 enactments
Ram Somari Devi
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
