Allowed¶20

Baby devi v. The State of Bihar

NDPS Act – Regular bail

Patna HC25 Mar 2026CR. MISC./19721/2026

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What is this about?

Patna High Court CR. MISC. No.19721 of 2026, decided 25-03-2026 by Justice Ashok Kumar Pandey: regular bail granted under Sections 8(c)/21(b) NDPS Act; alleged recovery of 8.4 grams smack-like substance; defence pleas of non-compliance of Section 50 NDPS Act and Section 105 B.N.SS. during seizure and police-personnel seizure witnesses; quantity below commercial quantity as contended by counsel; no criminal antecedent; judicial custody since 03.01.2026; bail bond Rs.10,000 with two like sureties to the satisfaction of Sessions Judge, Patna.

What did the court decide?

Regular bail granted; petitioner directed to be released on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Patna. ¶20

Baby devi Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19721 of 2026

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Arising Out of PS. Case No.-1 Year-2026 Thana- RAJIVNAGAR District- Patna

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Baby devi wife of Niru Rai @ Biru Rai Resident Of village-Ganga Tola, P.sManer, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 25-03-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c) and 21(b) of the N.D.P.S. Act.

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The case of the prosecution is that altogether 8.4 grams of smack like substance was recovered from the possession of this petitioner.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. Nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of B.N.SS. and Section 50 of NDPS Act have not been complied

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Patna High Court CR. MISC. No.19721 of 2026(2) dt.25-03-2026 2/2

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and the seizure list witnesses are police personnel. It has also been submitted that though the quantum of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent. Moreover, she is languishing in judicial custody since 03.01.2026.

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Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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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 released on bail in connection with Rajeev Nagar P.S. Case No. 01 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Patna.

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(Ashok Kumar Pandey, J)

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shubham/-

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U T

Baby devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baby devi v. The State of Bihar

Case brief

What is this about?

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