Amrita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38811 of 2026 Arising Out of PS. Case No.-61 Year-2026 Thana- BELA District- Sitamarhi ====================================================== Amrita Kumari W/o Vijay Kumar Mahto Resident of Village - Sirsiya Bazar, P.S.- Bela, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate.
For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 21(c) of NDPS Act and Section 30(a) of Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from the house of Vijay Kumar Mahto, Nitrazepam 1P- 10mg total 10,000 pieces tablet, Spasmo Proxyvon Plus tablet total 5472 pieces, Blue-Spas Plus total 1056 pieces tablets, Nitrosum-10 total 920 pieces tablets, Nitravet-10 total 390 pieces tablets, IKoff codeim syrup- 100 ml total 605 pieces, Onerex codeim syrup-100 ml total 149 pieces, Tazowin injection total 38 pieces and three smart phones and Indian, Nepali and American
Patna High Court CR. MISC. No.38811 of 2026(3) dt.29-07-2026 2/3 currency were recovered..
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He also submits that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are police personnel and the police have not complied with Section 105 of the BNSS while making the seizure. It has further been submitted that the petitioner is wife of Vijay Kumar Mahto that is why she has been framed in this case. She has got no concern with the alleged recovery. Similarly situated co-accused namely, Arun Kumar has been granted bail by this Court vide Cr. Misc. No. 38364 of 2026. She is having no criminal antecedent and she is languishing in judicial custody since 14.03.2026.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.38811 of 2026(3) dt.29-07-2026 3/3 Sessions Judge-cum-Special Judge (NDPS Act), Sitamarhi in connection with Bela P.S. Case No. 61 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T