Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9338 of 2026 Arising Out of PS. Case No.-732 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Prabhawati Devi W/O Sukhram Singh R/O Village- Panapur, Ranjita, P.SHarsidhi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Thakur, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 20(b)(ii)C, 23(C), 29, 25, 22(ii)(b)(c) of N.D.P.S. Act.

3. As per prosecution case, total recovery of 1.353 kg ganja along with five mobiles and cash of Rs.1,48,320/-was made from the house of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only to harass the petitioner. Nothing has been recovered from conscious possession of the petitioner. Petitioner was apprehended by police while she was coming from market. It is alleged that the recovery of 1.353 kg ganja was made from the

Patna High Court CR. MISC. No.9338 of 2026(2) dt.17-02-2026 2/2 house of petitioner which is less than the commercial quantity. There is no independent witness of the seizure list. The mandatory provisions of Sections 105 and 185 of B.NS.S have not been complied with. The charge sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with the evidence. Petitioner, who is a lady, is in jail since 01.11.2025 having no criminal antecedent and she undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, clean antecedent of the petitioner as well as the period of custody undergone by the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge/Sessions Judge, East Champaran at Motihari/concerned court in connection with N.D.P.S. G.R. Case No.155 of 2025 arising out of Harsidhi P.S. Case No.732 of 2025. (Sunil Dutta Mishra, J) Harish/- U T