Gulshan Khatoon @ Gulshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3991 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Gulshan Khatoon @ Gulshan Wife of Md. Rahim @ Md Rahis Resident of Village- Khagra Mela Machmara, P.S.- Kishanganj, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kishanganj P.S. Case No. 425 of 2024 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered total 24.690 grams of smack and money amounting Rs. 1,937/- from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion and due to ulterior motive by the local police in connivance with the high handedness of the

Patna High Court CR. MISC. No.3991 of 2025(2) dt.30-01-2025 2/3 locality. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The quantity of recovered contraband is more than small quantity but less than commercial quantity and, hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. The petitioner is not the owner of the hut. The petitioner has no concern with the seized contraband. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 19.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kishanganj P.S. Case No. 425 of

Patna High Court CR. MISC. No.3991 of 2025(2) dt.30-01-2025 3/3 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T