Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20850 of 2024 Arising Out of PS. Case No.-909 Year-2023 Thana- DIGHA District- Patna ====================================================== Rekha Devi, W/O Pawan Singh, R/O Village- Raypur, P.S- Maner, Distt.- Patna At Present Resident Of Akhara Road Mayaka Colony, Renter Of Kamta Rai, P.S- Digha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Digha P.S. Case No. 909 of 2023, lodged on 22.11.2023 under Sections 8(c), 21(b) of the NDPS Act.

3. As per the prosecution case, the FIR has been lodged against the present petitioner from whose possession recovery of 10.12 gram of brown sugar has been made.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The antecedent of the petitioner is clean and he is in custody since 23.11.2023. The chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.20850 of 2024(2) dt.02-04-2024 2/2 for bail and submits that the small quantity is 5 gram while the commercial quantity is 250 gram and the recovered contraband is between the small and the commercial quantity.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Digha P.S. Case No. 909 of 2023, pending before the learned Sessions Judge-cum-Special Judge (NDPS), Patna, is hereby rejected.

8. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge.

9. With this observation, the bail application stands disposed off.

(Dr. Anshuman, J) Ashwini/- U T