Jasiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8933 of 2026 Arising Out of PS. Case No.-171 Year-2025 Thana- DARBHANGA GRP CASE DistrictDarbhanga ====================================================== Jasiya Devi W/o- Sri Ram Sahni R/o Village- Mustafapur Ps-Bisanpur DistDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidyanath Prasad, Adv.
For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Rail P.S. Case no.171 of 2025, registered under Section 8 and 20(b)IIB of the NDPS Act.
3. As per the prosecution case, on information by the Officer in Charge, Darbhanga, three ladies were apprehended by the police from the Sakri railway station carrying ganja. Total 31.100 kg ganja was recovered from the petitioner and other coaccused persons. Recovery of 10.41 kg of ganja in a bag is said to have been made from the possession of this petitioner.
4. Learned counsel appearing on behalf of the
2/4 petitioner submits that no incriminating article has been recovered from the petitioner's possession and she has been falsely implicated in the case. Learned counsel further submits that the recovered quantity of ganja from the petitioner is less than the commercial quantity. Learned counsel further submits that the thumb impression of the petitioner was taken on several blank papers forcefully under duress and later on it turned into confession. Learned counsel further submits that coaccused person has been granted bail by a Coordinate Bench of this Court vide order dated 04.02.2026 passed in Cr. Misc. No. 6484 of 2026. The petitioner is a poor and illiterate lady who has no criminal antecedent and she is in custody since 06.12.2025. She undertakes to cooperate in the investigation/trial. Charge sheet has been submitted.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the quantity of the recovered contraband to be less than the commercial quantity and further considering the clean antecedent of the petitioner, her period of custody and submission of charge sheet, the petitioner is directed to be
3/4 released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Darbhanga/concerned court, in connection with Rail P.S. Case no.171 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three 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 criminal antecedent of the petitioner differs from the criminal antecedent as mentioned in the present petition, her bail bond will not be
4/4 accepted by the learned trial court and the prosecution will be at liberty to move before this Court for cancellation of bail of the petitioner.
(Arun Kumar Jha, J) Anuradha/- U T