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Patna High CourtCR. MISC./5994/2024allowed

Aarti Devi v. The State Of Bihar

2024-02-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5994 of 2024 Arising Out of PS. Case No.-642 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Aarti Devi W/O Karan Dhangar R/O Chinakothi, Harijan Colony, P.SBuddha Colony, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 21(b) of the NDPS Act.

3. Prosecution case relates to recovery of 16 grams of brown sugar like intoxicating substance from a polythene which was as alleged kept in the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also she has no concern with the seized articles. The recovered brown sugar does not come within the purview of commercial quantity as per

Patna High Court CR. MISC. No.5994 of 2024(2) dt.09-02-2024 2/2 NDPS Act. Moreover, she is languishing in judicial custody since 01.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts that petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buddha Colony P.S. Case No. 642 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions, Patna.

(Sunil Kumar Panwar, J) Shubham/- U T