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Patna High CourtCR. MISC./40321/2026allowed

Munni Devi v. The State Of Bihar

2026-06-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40321 of 2026 Arising Out of PS. Case No.-103 Year-2026 Thana- SIMRAHA District- Araria ====================================================== Munni Devi W/o Late Chandan Kumar Mehta Resident of - Mirzapur, Ward No.- 16, P.S.- Simraha, District - Araria, Bihar Pin code - 854334 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tabish Ahmad, Advocate.

Mr. Shubham Samrat, Advocate.

Mr. Md. Zeeshan Alam, Advocate.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Simraha P.S. Case No. 103 of 2026 registered for the offence punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that from the house of this petitioner, altogether 47.29 grams of smack like contraband was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has been falsely implicated in this case. He also submits that nothing has been recovered from the

Patna High Court CR. MISC. No.40321 of 2026(2) dt.24-06-2026 2/2 possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. He further submits that in any view of the matter, the alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Moreover, the petitioner is a lady and she is languishing in judicial custody since 16.04.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case.

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 Sessions Judge-cum-Special Judge, NDPS Act, Araria in connection with Simraha P.S. Case No. 103 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T