Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20039 of 2014 Arising Out of PS.Case No. -787 Year- 2012 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Sunita Devi W/o Sri Bhagwan Bind Resident of Village Beda (Banarasia), Police Station Sasaram (M), District Rohtas. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nand Kumar For the Opposite Party : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2015 The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 21 and 22 of the N.D.P.S Act.

The petitioner is languishing in custody since 14.09.2012.

The recovery is of 150 gms of brown sugar.

The Forensic Science Laboratory report suggests that sample has been found to be Heroine.

It is submitted by learned counsel for the petitioner that recovery is between small and commercial quantity.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The report of learned Trial Court at Flag-B dated 09.12.2014 suggests that out of five charge-sheet

Patna High Court Cr.Misc. No.20039 of 2014 (4) dt.04-02-2015 2/2 witnesses only two seizure list witnesses have been examined and the rest government/police witnesses have not been examined. The petitioner is in custody along with four years old child.

Considering the fact that recovery is between small and commercial quantity, petitioner being lady and there is no likelihood of trial being concluded in near future, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV, Rohtas at Sasaram in connection with Sasaram Model P.S. Case No. 787 of 2012.

Learned Court below will cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T