Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9108 of 2024 Arising Out of PS. Case No.-627 Year-2023 Thana- BUXAR District- Buxar ====================================================== 1.

ASHA DEVI W/O DADAN PRASAD R/O MOHALLA- SHANTI NAGAR, P.S- BUXAR (TOWN), DISTT.- BUXAR.

2.

DADAN PRASAD S/O LATE BIDESHI PRASAD R/O MOHALLASHANTI NAGAR, P.S- BUXAR (TOWN), DISTT.- BUXAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with a case registered for an offence under Sections 21(b) and 22(b) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the allegation in the FIR it is a case of recovery of illicit liquor and heroin.

4. From perusal of the materials available on the records, it appears that total 49.14 liters of illicit liquor has been recovered from both the petitioners. The petitioner no. 1 is the wife of petitioner no. 2 and 6.76 grams of heroin is recovered

Patna High Court CR. MISC. No.9108 of 2024(4) dt.20-04-2024 2/2 from the possession of the petitioners. From perusal of the bail petition as stated in para no. 3, it appears that there is criminal antecedent against the petitioners regarding so many offences of NDPS Act. In the circumstances, I am not inclined to grant bail to the petitioners. The prayer is rejected.

5. However, learned trial court is directed to conclude the trial within a period of one year from the date of receipt of a copy of this order and if the trial is not concluded within the stipulated period, then the petitioners may renew their prayer for bail before the trial court and the trial court shall grant bail to them.

(Ramesh Chand Malviya, J) saurabhkr/- U T