Poonam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3980 of 2026 Arising Out of PS. Case No.-500 Year-2025 Thana- BIHARIGANJ District- Madhepura ====================================================== Poonam Devi Wife of Yogendra Rajak Resident of village Babhangama Ward No.- 08, Police Station - Bihariganj, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Pooja Prasad, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2026 Heard Ms. Pooja Prasad, learned counsel for the petitioner and Mr. Madan Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 07.12.2025 in connection with Bihariganj P.S. Case No. 500 of 2025, F.I.R. dated 06.12.2025 for the offences punishable under Sections 20(c) and 21(a) of the N.D.P.S. Act.
3. Recovery is of 28 grams of Charas like substance.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. She further submits that it appears from the F.I.R. that 28 grams of Charas like substance
Patna High Court CR. MISC. No.3980 of 2026(2) dt.28-01-2026 2/3 has been recovered from the house of the petitioner. She further submits that there is non-compliance of the mandatory provision of Sections 42 and 50 of the N.D.P.S. Act and it appears that the recovered contraband is less than the commercial quantity. Hence, there is no embargo under Section 37 of the N.D.P.S. Act for grant of bail to the petitioner. The petitioner is in custody since 07.12.2025.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that the petitioner has clean antecedent and the recovered contraband is less than the commercial quantity, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, NDPS Act, Madhpura in connection with Bihariganj P.S. Case No. 500 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.3980 of 2026(2) dt.28-01-2026 3/3 reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her 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 above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T