Rabila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86848 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- NAKARDEI District- East Champaran ====================================================== Rabila Khatoon W/O Sheikh Karmullah @ Faidar R/O Village- Sirsiya Mal, P.S.- Nakardei, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the State :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-01-2026 Heard Mr. Krishna Kant Singh, learned counsel for the Petitioner and Mr. Shantanu Kumar, learned APP for the State.

2. Petitioner seeks regular bail in connection with Nakardei P.S. Case No. 114 of 2025 dated 07.09.2025 registered for the offences punishable under Sections 08 and 20(b)(ii)(B) of the NDPS Act.

3. The main submissions advanced by the petitioner's counsel are that, as per the FIR, the alleged contraband, being smack and charas-like substances, were allegedly recovered from the sugarcane field of the co-accused Md. Gani, with whom the petitioner has no relationship or connection, the petitioner and her husband have been made accused mainly on the basis of the disclosure made by the police chowkidar, who

Patna High Court CR. MISC. No.86848 of 2025(2) dt.09-01-2026 2/3 claimed that the petitioner was also present at the alleged place at the time of recovery and managed to escape upon seeing the police party, but the said allegation is completely unbelievable, as the petitioner is a lady having a clean past history, so it is highly impossible that she would remain present on the land of another person and managed to escape on seeing the police party. Further, she has suffered a lot, as she has been languishing in jail since 08.09.2025. It is further submitted that, in view of the materials collected by the investigating officer, the accusation levelled against the petitioner appears to be highly doubtful, and there is a great chance of acquittal of the petitioner from the alleged offences.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. In the facts and circumstances of this case, and considering the aforesaid submissions and the averments made in the application, mainly coupled with the fact that the petitioner is a lady bearing no criminal antecedents and has been languishing in jail since 08.09.2025, and also taking into account that the main ground on which the petitioner has been made an accused is the disclosure made by the police chowkidar, in my opinion, it is a fit case for granting bail to the

Patna High Court CR. MISC. No.86848 of 2025(2) dt.09-01-2026 3/3 petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Nakardei P.S. Case No. 114 of 2025.

(Shailendra Singh, J) maynaz/- U T