Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6484 of 2026 Arising Out of PS. Case No.-171 Year-2025 Thana- DARBHANGA GRP CASE DistrictDarbhanga ====================================================== Shiv Kumari Devi, W/o Late Tetar Sahni, R/o Village- Fajila Ward No. 13, P.S- Bhalpatti (Muriya), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-02-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Rail P.S. Case no.171 of 2025, registered under section 8 and 20(b)(ii)(C) of the NDPS Act.

3. As per the prosecution case, 10.29 kgs of ganja is said to have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession and she has been falsely implicated in the case. She has no criminal antecedent and is in custody since 6.12.2025. She undertakes to cooperate in the investigation/trial.

Patna High Court CR. MISC. No.6484 of 2026(2) dt.04-02-2026 2/3

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the quantity of ganja said to have been recovered being below the commercial quantity, the petitioner having remained in custody since 6.12.2025 and especially the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Rail P.S. Case no.171 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal District and Sessions Judge, Darbhanga on the following conditions :- (I) The petitioner shall remain properly represented in the learned trial Court on each date of the case/trial and shall cooperate in the trial.

(II) In case, the learned Court below is of the opinion that the case/trial is being delayed due to non-cooperation on part of the petitioner, the learned Court below may cancel the bail bond of the petitioner and take her into custody till conclusion of the trial.

(III) In case the statement with respect to the

Patna High Court CR. MISC. No.6484 of 2026(2) dt.04-02-2026 3/3 petitioner not having any criminal antecedent is found to be incorrect, the prosecution will have the liberty to move this Court for cancellation of bail of the petitioner. (Partha Sarthy, J) avinash/- U T