Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13321 of 2025 Arising Out of PS. Case No.-988 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Rita Devi W/O Late Mohi Chaudhary R/O Mohalla- Panchmalha, P.SJehanabad, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jogendra Kumar, Advocate For the State :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Jehanabad Town P.S. Case No. 988 of 2024 registered for the offences punishable under Sections 8(c), 21(a) & 29 of the NDPS Act.

3.

Prosecution case in short is that there is recovery of 5 gram smack from the possession of co-accused, namely, Sunny, who disclosed the name of the petitioner as one of the associates of the syndicate.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13321 of 2025(2) dt.28-02-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Charge sheet is submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that petitioner has no concern with the recovered contraband. The recovered contraband is below the commercial quantity. Hence, Section 37 of the NDPS Act is not applicable in the present case. Petitioner is a woman of clean antecedent. There is no compliance of Sections 42 and 50 of the NDPS Act. Other co-accused has been granted bail by this Court vide order dated 12-02-2025, passed in Cr. Misc. No. 5822 of 2025. 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.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jehanabad

Patna High Court CR. MISC. No.13321 of 2025(2) dt.28-02-2025 3/3 Town P.S. Case No. 988 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS, 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T