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2026 DAILYLAW 8292 (PAT)

Somari Devi v. The State Of Bihar

CR. MISC./22131/2026 · 2026-04-08

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22131 of 2026 Arising Out of PS. Case No.-4 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Muzaffarpur ====================================================== Somari Devi W/O Kailash Paswan R/O Vill.- Vrindavan, Ward No.- 9, P.s- Tariyani, District- Sheohar ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Union of India through NCB, Patna Bihar. Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Poonam Kumari, Advocate For the State : Mr.Jharkhandi Upadhyaya, APP For the U.O.I. : Mr.Shail Kumari, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 08-04-2026 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the Union of India. 2. The petitioner seeks bail in connection with N.C.B. Case No. 4/2025 registered for the offences punishable under Sections 8(c), 18(c), 25 and 29 of N.D.P.S. Act. 3. As per the prosecution case, 2.45 kg of opium has been recovered from the petitioner. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the case. It is next submitted that the recovered quantity is less than commercial quantity i.e. intermediate, therefore, the petitioner may be Patna High Court CR. MISC. No.22131 of 2026(2) dt.08-04-2026 2/2 granted bail. Learned counsel further submits that he has no criminal antecedents in which he is on bail and he is in custody since 24.04.2025. The petitioner undertakes to co-operate in the case/ trial. 5. Learned counsel for the N.C.B. seeks four weeks’ time to file counter affidavit. 6. Learned APP for the State has opposed the prayer for regular bail of the petitioner. 7. Considering the huge recovery, this Court is not inclined to grant bail to the petitioner. 8. Accordingly, this application stands dismissed. 9. The Trial Judge is directed to proceed with the trial and the N.C.B. will cooperate in the trial. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail. tusharika/- (Sandeep Kumar, J) U T