Jaswanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 12485 of 2024 Arising Out of PS. Case No.-774 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== JASWANTI KUMARI D/O BASANT KUMAR R/O VILLAGE- KOLHAIA, P.S- CHATRA, DISTT.- CHATRA, JHARKHAND.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Yogesh Kumar, Advocate For the Opposite Party/s :

Mr Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2 The petitioner apprehends arrest in connection with Barachatti PS Case No 774 of 2023 dated 15.08.2023 instituted under Sections 18, 20, 22 of the NDPS Act.

3 There is allegation that two motorcycles bearing Registration No BR02Z3551 and JH13J4632 have been seized by the police. The motorcycle bearing Registration No JH13J4632 belongs to the petitioner.

4 The learned counsel for the petitioner submits that from the FIR itself, it is apparent that nothing has been recovered from the petitioner's motorcycle. It is further submitted that 250 grams of opium like substance was

Patna High Court CR. MISC. No.12485 of 2024(3) dt.08-05-2024 2/2 recovered from Splendor motorcycle bearing Registration No BR02Z3551. It is also submitted that petitioner has no concern with the said motorcycle and she is aged about 20 years. It is further submitted that the petitioner has no criminal antecedent. 5 Learned APP has opposed the prayer for bail. 6 Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner shall be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge -cum- Special Judge, NDPS Act, Gaya in Barachatti PS Case No 774 of 2023 dated 15.08.2023 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

7 The application stands allowed.

(Khatim Reza, J) M.E.H./- U T