Suman Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2454 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== Suman Devi Wife of Mithilesh Kumar Das Resident of Village - Bishanpur Bakhri, P.S. - Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash Om For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Bhagalpur P.S. Case No. 90 of 2024 registered for the offence punishable under Sections 8(c)/21(c) of the NDPS Act.

3. As per the F.I.R., on 4.6.2024, the informant Police Officer received information that a woman is travelling with narcotics substances in Coach No. B-3. On such information, the informant along with other police personnel arrived at platform No. 4 where suspicious woman got off from train with her bag. On query, she disclosed her name as Suman Devi i.e. the petitioner and on search 40 plastic bottles containing Morphine were recovered from her bag. It has been alleged that on weighing total 496 Gram Morphine was found.

Patna High Court CR. MISC. No.2454 of 2025(7) dt.06-08-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is having no criminal antecedent. She has been falsely implicated in this case at the behest of police. The seizure list witnesses are police personnel except one person which creates doubt regarding the genuineness of whole prosecution story. The petitioner is in custody since 05.06.2024.

5. A report was called for with regard to the stage of trial from the court below which has been received.

6. From perusal of the report dated 08.07.2025, it appears that the case is at the stage of evidence and out of six chargesheeted witnesses, two witnesses have been examined. Warrant of arrest has been issued against rest of the witnesses.

7. I have gone through the report of the Forensic Science Laboratory, Bhagalpur and from perusal of the same, it is evident that the seized product is Morphine which is an addictive, intoxicating and narcotics substance.

8. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail and submits that the small quantity of morphine is 5 grams whereas the commercial quantity is 50 grams and 496 grams of morphine has been recovered from the possession of the petitioner which is commercial quantity.

Patna High Court CR. MISC. No.2454 of 2025(7) dt.06-08-2025 3/3

9. This Court has reason to believe the involvement of the petitioner from whose possession commercial quantity of Morphine has been recovered.

10. In view of the above, I am not inclined to grant bail to this petitioner. It is accordingly, dismissed.

11. However, the petitioner is at liberty to renew her prayer for bail after six months if the trial does not progress substantially.

(Anil Kumar Sinha, J) Saif/- U T