Mousam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7848 of 2026 Arising Out of PS. Case No.-500 Year-2025 Thana- BIHARIGANJ District- Madhepura ====================================================== Mousam Kumari Wife of Ankit Kumar Resident of Village- Babhangama, Ward No. 08, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate For the State :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 8(c) and 21(a) of the N.D.P.S. Act.

3. As per prosecution case, 28 grams of smack was recovered from the house of co-accused Poonam Devi who disclosed the name of this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in

Patna High Court CR. MISC. No.7848 of 2026(2) dt.20-02-2026 2/3 this case only on the basis of disclosure made by co-accused Poonam Devi. Save and except confessional statement, there is no material on record to show the complicity of this petitioenr in the alleged offence. No incriminating article has been recovered from possession of this petitioner. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, fact that no incriminating article has been recovered from possession of this petitioner and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Madhepura in connection with Bihariganj P.S. Case No. 500 of 2025, subject to condition as laid down

Patna High Court CR. MISC. No.7848 of 2026(2) dt.20-02-2026 3/3 under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T