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Patna High CourtCR. MISC./2366/2026bail granted

Amrita Devi v. The State Of Bihar

2026-02-24Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2366 of 2026 Arising Out of PS. Case No.-461 Year-2025 Thana- PANCHRUKHI District- Siwan ====================================================== Amrita Devi, W/o- Ramnaresh Tiwary, R/v- Sahlaur Ps- Pachrukhi Sarai DistSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Pachrukhi (Sarai) P.S. Case No. 461 of 2025 registered for the offences under Sections 20(B)ii C, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case is to the effect that the police, on secret information, apprehended one person, who disclosed his name as English Tiwary and on search, three bags were recovered from him containing 78.736 kg Ganja and one mobile. The apprehended accused is said to have alleged that Ganja was given by one Goria Kothi and he was going to deliver the same to the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2366 of 2026(3) dt.24-02-2026 2/3 petitioner has falsely been implicated in this case out of personal grudge and she has no concern whatsoever with the alleged Ganja. It has next been submitted that no case under the Narcotic Drugs and Psychotropic Substances Act, 1985, would be made out against the petitioner, as no incriminating articles have been recovered from the conscious possession of the petitioner and from her house. It has lastly been submitted that the petitioner has clean antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Pachrukhi (Sarai) P.S. Case No. 461 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close

Patna High Court CR. MISC. No.2366 of 2026(3) dt.24-02-2026 3/3 relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for anticipatory bail is allowed.

8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T