Champa Devi Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Champa Devi Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner directed to surrender in the Court below within four weeks; upon arrest or surrender in connection with Hajipur Sadar P.S. Case No. 271 of 2026, to be enlarged on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Principal District & Sessions Judge, Vaishali at Hajipur, subject to conditions under section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioner, apprehending arrest in Hajipur Sadar P.S. Case No. 271 of 2026 instituted under Sections 8(c), 21(b), 22(b) and 29 of the NDPS Act, should be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances, this Court is inclined to enlarge the petitioner on bail; she is directed to surrender in the Court below within four weeks, and in the event of her arrest or surrender in connection with Hajipur Sadar P.S. Case No. 271 of 2026 she will be enlarged on bail.

Ratio / Principle

On arrest or surrender, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Principal District & Sessions Judge, Vaishali at Hajipur, subject to the conditions laid down under section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

NDPS Act — Anticipatory bail — Petitioner arraigned in Hajipur Sadar P.S. Case No. 271 of 2026 under Sections 8(c), 21(b), 22(b) and 29 of the NDPS Act; prosecution alleged recovery of 165.57 grams of heroin/kota from six apprehended persons who disclosed the contraband was supplied by the petitioner. Counsel submitted nothing was recovered from the petitioner's possession, seizure witnesses were police personnel and Section 105 of the BNSS was not complied with, implication rested solely on statements of co-accused (relying on Toofan Singh v. State of Tamil Nadu), and the petitioner is a lady with no criminal antecedent. Held: Court inclined to enlarge the petitioner on bail — surrender within four weeks; on arrest or surrender, release on bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the Principal District & Sessions Judge, Vaishali at Hajipur, subject to conditions under section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48353 of 2026

Arising Out of PS. Case No.-271 Year-2026 Thana- HAJIPUR SADAR District- Vaishali

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Champa Devi W/o Mahendra Ray R/o Village - Bidupur Dih @ Bidupur Katahariya, PS - Bidupur, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 21-07-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Hajipur Sadar P.S. Case No. 271 of 2026 instituted for the offence under Sections 8(c), 21(b), 22(b) and 29 of the NDPS Act.

The case of the prosecution, in short, is that altogether 165.57 grams of heroin/kota was recovered from six apprehended persons. It is alleged that the apprehended persons disclosed that the contraband was given to them by the present petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.48353 of 2026(2) dt.21-07-2026 2/3

committed no offence. She has falsely been implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police have not complied with Section 105 of the BNSS while making the seizure. He further submits that the name of this petitioner has surfaced in this case only on the basis of statement of co-accused. He further submits that the petitioner is a lady having no criminal antecedent.

Learned counsel for the petitioner further submits that in view of the judgment of the Hon’ble Supreme Court in the case of Toofan Singh Vs. State of Tamil Nadu , the statement of a co-accused recorded under the NDPS Act has no evidentiary value for the purpose of implicating another accused.

In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Hajipur Sadar P.S. Case No. 271 of 2026, she

Patna High Court CR. MISC. No.48353 of 2026(2) dt.21-07-2026 3/3

will be enlarged 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 Principal District & Sessions Judge, Vaishali at Hajipur subject to the conditions as laid down under section 482(2) of the B.N.S.S.

(Ashok Kumar Pandey, J)

Sudhanshu/-

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