Jyoti Devi @ Jayoti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42179 of 2026 Arising Out of PS. Case No.-29 Year-2026 Thana- JOGBANI District- Araria ====================================================== Jyoti Devi @ Jayoti Devi W/o Durganand Yadav R/o Village - Indranagar, Ward no. 9, P.O and P.S - Jogbani, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 Heard the parties.

2.The petitioner is named in the F.I.R. and apprehending her arrest in connection with Jogbani P.S. Case No. 29 of 2026 registered for the offences punishable under Sections 317(5) and 3(5) of BNS and Section 21, 22 and 27(a) of NDPS Act.

3. As per FIR petitioner alleged to sell codeine syrup across the Indo-Nepal border and also found in possession of Nepali currency and 500 ml of cough syrup having "codeine" as one of its composition.

4. It is submitted by learned counsel appearing on behalf of the petitioner that nothing recovered from the conscious possession of this petitioner and merely on the basis of disclosure made by her husband, she was implicated with present crime in question. It is submitted that on earlier two occasion also she was implicated on the instance of her husband. It is also pointed out that seizure list appears disputed being not supported by

Patna High Court CR. MISC. No.42179 of 2026(2) dt.06-07-2026 2/2 independent witnesses rather by police personal and therefore implication of this petitioner not appears convincing. It is pointed out that being house wife the presence of petitioner with her husband in the house is very normal.

5.Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as no incriminating material like Nepali currency or codeine syrup prima-facie appears to be recovered from the physical possession of this petitioner, who is a lady, accordingly petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Spl. Judge, NDPS Act, Araria /concerned Court, where the case is pending in connection with Jogbani P.S. Case No. 29 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T