Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17912 of 2026 Arising Out of PS. Case No.-52 Year-2026 Thana- RUPASPUR District- Patna ====================================================== Sita Devi Wife of Tuntun Bind R/O Village- Teshlal Verma Nagar Beside, Patliputra Railway Station, P.S- Rupaspur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jainendra Kumar Pushkar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-05-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Rupaspur P.S.Case no. 52 of 2026 registered under sections 8(c), 21(b), 8, 20(b)(ii)(B) of the NDPS Act.

3. As per the prosecution case, while one accused managed to escape, the petitioner was caught and from her possession 15 grams of smack like substance and 23 grams of ganja like substance was recovered.

4. Learned counsel for the petitioner submits that the petitioner who is a lady has been falsely implicated in the case because of her antecedent. No incriminating article has been recovered from the petitioner's possession. It is further submitted that charge sheet was submitted in the case without

Patna High Court CR. MISC. No.17912 of 2026(3) dt.07-05-2026 2/2 the FSL report. She is in custody since 25.1.2026 and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State. It is submitted that the petitioner was caught and from her possession 15 grams of smack and 23 grams of ganja was recovered, contents of which have also been confirmed in the report of the Forensic Science Laboratory, Patna wherein there is a finding of the substance tested to being ganja and heroin.

6. Having heard learned counsel for the parties and taking into consideration the allegations of recovery of smack and ganja from the possession of the petitioner, the petitioner having been caught red handed and the contents of the seized articles having been confirmed in the report of the Forensic Science Laboratory, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Bibhash U T