Kalpana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87227 of 2025 Arising Out of PS. Case No.-242 Year-2025 Thana- BANMANKHI District- Purnia ====================================================== 1.
Kalpana Devi, Wife of Asharfi Yadav @ Ashif Yadav, Resident of Ward No. 12, Maweshi Hat Banmankhi, P.S.- Banmankhi, District- Purnea 2.
Nirmal Kumar @ NIrmal Kumar Yadav @ Pappu @ Nirmal Yadav, Son of Asharfi Yadav @ Ashif Yadav, Resident of Ward No. 12, Maweshi Hat Banmankhi, P.S.- Banmankhi, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in connection with Banmankhi P.S. Case No. 242 of 2025 registered for the offence punishable under Sections 8(C) and 21(b) of the NDPS Act.
3. The case of the prosecution, in short, is that police received information about trade of smack in a local 'hatt'. Police reached the spot and apprehended three persons and from their possession, small quantity of smack was recovered. The apprehended persons have disclosed the name of these
Patna High Court CR. MISC. No.87227 of 2025(2) dt.19-01-2026 2/3 petitioners.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Nothing has been recovered from them rather their names have surfaced only on the statement of the co-accused who have stated that they had got the contraband from these petitioners. It has further been submitted that the co-accused persons from whose possession, smack was recovered have been granted bail by learned Co-ordinate Bench vide Cr. Misc. Nos. 68332 of 2025, 70644 of 2025 and 71783 of 2025. The case of these petitioners stands on better footing. They are having no criminal antecedent and they are languishing in judicial custody since 29.09.2025 and 10.10.2025 respectively.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.87227 of 2025(2) dt.19-01-2026 3/3 Special Judge (N.D.P.S Act), Purnea in connection with Banmankhi P.S. Case No.242 of 2025.
(Ashok Kumar Pandey, J) lata/- U T