Ghumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9464 of 2022 Arising Out of PS. Case No.-255 Year-2021 Thana- DINARA District- Rohtas ====================================================== Ghumari Devi W/O Kameshwar Pasi R/o village- Jamrodh, P.S.- Dinara, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2022 Heard both parties.

The petitioner seeks bail in Dinara P.S. Case No. 255 of 2021, registered for the offence punishable under Sections 21, 22 and 27 of the Narcotic Drugs and Psychotropic Substances Act.

As per the prosecution case, 750 gms. of Ganja has been recovered from the bag of this petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The quantity of recovered Ganja is less than commercial quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted. Mandatory provision of search and seizure has not been followed. Petitioner claims clean antecedent and she is in custody since 20.12.2021.

Patna High Court CR. MISC. No.9464 of 2022(2) dt.18-04-2022 2/2 Considering the period of custody, quantity of recovered Ganja and clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge Rohtas at Sasaram in connection with Dinara P.S. Case No. 255 of 2021 (NDPS).

(Prabhat Kumar Singh, J) vinita/- U T