Kalma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40225 of 2026 Arising Out of PS. Case No.-152 Year-2026 Thana- BETTIAH CITY District- West Champaran ====================================================== Kalma Khatoon W/o Slam Mian @ Salam Miya Resident of Village- Bus stand Ward No. 25 Nimia Mai Mandir Near Pokhra, P.S.- Bettiah Town, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-06-2026 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 sections 8(C), 20(b) (ii)(B) and 27 A of NDPS Act.

3. The case of the prosecution is that altogether 7.956 kgs of ganja was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of B.N.S.S. has not been complied and the seizure

Patna High Court CR. MISC. No.40225 of 2026(2) dt.23-06-2026 2/2 list witnesses are police personnel. It has also been submitted that though the quantum of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent. Moreover, she is languishing in judicial custody since 11.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular 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 released on bail in connection with Bettiah Town P.S. Case No. 152 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge NDPS, Bettiah, West Champaran.

(Ashok Kumar Pandey, J) Sneha/- Dolly/- U T