Patna High CourtCR. MISC./10168/2024bail granted

Sanju Devi v. The State Of Bihar

2024-02-26Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10168 of 2024 Arising Out of PS. Case No.-468 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sanju Devi , aged about 49 years, Female, W/O Saryu Sahni R/O VillageTariyani Chhatauni, P.S- Tariyani, Distt.- Sheohar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Learned counsel for the petitioner is permitted to make necessary correction in the party position of the petition.

2. Heard learned counsel appearing on behalf of the parties.

3. The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 468 of 2023 pending in the Court of Sessions Judge-cum-Special Judge, NDPS Act, Muzaffarpur registered for the offence punishable under Sections 8/20(b)(ii) (B) of the NDPS Act.

4. As per allegation in the FIR, total 19.700 K.G. as well as one mobile was recovered.

5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.10168 of 2024(2) dt.26-02-2024 2/2 implicated in this case. Petitioner is a lady and she has got clean antecedent as stated in para-3 of the petition and she is in custody since 25.04.2023.

6. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

7. On perusal of the first information report as well as seizure list, it appears that total 19.700 kg. ganja was recovered from the possession of the petitioner and seizure list indicates that the thumb impression of the petitioner is also there and the said recovery in presence of gazetted officer and also in presence of two independent witnesses and the said recovered ganja is only 300 grams less than commercial quantity and it is more than small quantity, in these circumstances, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

9. However, the trial Court is directed to conclude the trial within a period of one year from the date of receipt of this order.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T