Amena Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42128 of 2026 Arising Out of PS. Case No.-431 Year-2026 Thana- KISHANGANJ District- Kishanganj ====================================================== Amena Khatoon S/O Asraul Haque R/O Vill.- Panisal ward no. 12 P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Kishanganj P.S. Case No.431 of 2026 registered for the offence punishable under Sections 8(c) and 21(b) of the NDPS Act.

3. Learned counsel for the petitioner has submitted that there is some clerical error in the first page of this bail petitioner and for that he seeks permission to rectify the same within course of the day.

4. Permission is accorded.

5. The case of the prosecution, in short, is that from possession of this petitioner 6.12 gm of smack like contraband was recovered.

6. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.42128 of 2026(2) dt.30-06-2026 2/2 petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. It has further been submitted that the alleged recovery of the contraband is though more than small quantity but is much less than commercial quantity. It has further been submitted that the petitioner is a lady having no criminal antecedent and she is in judicial custody since 22.04.2026.

7. The application for bail is opposed by learned APP for the State.

8. 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 court of learned Sessions Judge-cum-Special Judge (NDPS) Act, in connection with Kishanganj P.S. Case No.431 of 2026.

(Ashok Kumar Pandey, J) durgesh/- U T