Rekha Giri @ Rekha Devi @ Rekha Devi Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9685 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- BELA District- Sitamarhi ====================================================== Rekha Giri @ Rekha Devi @ Rekha Devi Giri W/O- Late Jitendra Giri Resident of Vill- Goshala, P.S.- Goshala, District- Mahotari (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bela PS Case No. 238 of 2024 instituted for the offences under Sections 8, 20(b)(ii)(B) of the NDPS Act.

3.

Prosecution allegation, in short, is that 10 Kg ganja was recovered from the tempo which was driven by the coaccused and petitioner was sitting as passenger. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.9685 of 2025(2) dt.24-02-2025 2/3 further submits that petitioner has no concern with the recovered contraband. In fact, recovery is made from co-accused, who was driver of the tempo. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 06-11-2024 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other co-accused has been granted bail by this Court vide order dated 18-02-2025, passed in Cr. Misc. No. 8185 of 2025. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, recovery below commercial quantity, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner 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 Bela PS Case No. 238 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.9685 of 2025(2) dt.24-02-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T