Shamshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3738 of 2026 Arising Out of PS. Case No.-16 Year-2025 Thana- Basmatia District- Araria ====================================================== 1.

Shamshad Ansari Son of Shamsul Ansari Resident of Village - Ansari Tola, Ward no. 11, Basmatiya, P.S. - Basmatiya, Dist. - Araria. 2.

Shah Jeera Khatoon Wife of Shamshad Ansari Resident of Village - Ansari Tola, Ward no. 11, Basmatiya, P.S. - Basmatiya, Dist. - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2026 Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail petition of Petitioner No. 1 to surrender before the Court concerned.

2. Permission is accorded.

3. Accordingly, the present anticipatory bail petition of Petitioner No. 1 is dismissed as withdrawn.

4. Heard learned counsel for the petitioner no. 2 and learned A.P.P. for the State.

5. The petitioner no. 2 apprehends her arrest in connection with Basmatiya P.S. Case No. 16 of 2025, instituted under Sections 8, 20(b) (ii)(B) of the N.D.P.S. Act.

6. As per the prosecution case, on getting secret

Patna High Court CR. MISC. No.3738 of 2026(3) dt.19-03-2026 2/3 information regarding transportation of narcotic substance by two women, the police party reached at the indicated place and apprehended one woman, while another woman managed to escape. It is alleged that from her possession 6kg Ganja was recovered.

7. Learned counsel for the petitioner no. 2 submits that she is innocent and has falsely been implicated in this case on the basis of confessional statement of co-accused Sahbun Khatoon. The alleged Ganja has been recovered from possession of co-accused Sahbun Khatoon. Petitioner no. 2 is not named in the F.I.R. Nothing has been recovered from her conscious possession. She has no concern with the seized Ganja. Petitioner No. 2 is a lady having no criminal antecedent. She undertakes to co-operate in the investigation and trial.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

9. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and Petitioner No. 2 has no criminal antecedence, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner no. 2 be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.3738 of 2026(3) dt.19-03-2026 3/3 sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Araria in connection with Basmatiya P.S. Case No. 16 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T