Patna High CourtCR. MISC./75500/2025bail granted

Komal Kumari v. The State Of Bihar

2026-02-11Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75500 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- MUZAFFARPUR (R.T) DistrictMuzaffarpur ====================================================== Komal Kumari, W/o Sanoj Yadav, R/o Village- Birojpur Pokhriya, P.S.- Dharhara, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Rail Muzaffarpur P.S. Case no.94 of 2025, registered under sections 20(b)(ii)(B) and 8 of the N.D.P.S. Act.

3. As per the prosecution case, on a search being conducted 10 kg of ganja was recovered from the possession of a co-accused Sijan Yadav while 9 kg of ganja was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who is a lady having no criminal antecedent. She has been falsely implicated in the case. The petitioner is in custody since 21.4.2025 and charge-sheet has been submitted in the

Patna High Court CR. MISC. No.75500 of 2025(4) dt.11-02-2026 2/3 case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the said recovery from the possession of the petitioner being less than the commercial quantity, the petitioner who is a lady having remained in custody for 9 months since 21.4.2025 and especially her not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Rail Muzaffarpur P.S. Case no.94 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur on the following conditions :- (I) In case the statement with respect to the petitioner not having any criminal antecedent is found to be incorrect, the prosecution will have the liberty to move this Court for cancellation of bail of the petitioner.

(II) The petitioner shall remain properly represented in the learned trial Court on each date of the case/trial and shall cooperate in the trial.

(III) In case, the learned Court below is of the

Patna High Court CR. MISC. No.75500 of 2025(4) dt.11-02-2026 3/3 opinion that the case/trial is being delayed due to noncooperation on part of the petitioner, the learned Court below may cancel the bail bond of the petitioner and take her into custody till conclusion of the trial.

(Partha Sarthy, J) avinash/- U T