Patna High CourtCR. MISC./16910/2024allowed

Juli Devi v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16910 of 2024 Arising Out of PS. Case No.-518 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Juli Devi Wife of Pankaj Sharma Resident of Village- Salarpur, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Singh, Adv.

For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 20 (b)(ii)(b), 25 and 29 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 2.075 Kg Ganja and one mobiles from house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. He submitted that the petitioner has no concern with the seized Ganja. He submitted that seized Ganja like substance does not come within the purview of commercial quantity as per N.D.P.S. Act. The provision of Section 50 of the NDPS Act has not been followed in this case. He further

Patna High Court CR. MISC. No.16910 of 2024(2) dt.14-03-2024 2/2 submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 12.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as petitioner being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judgecum-Spl. Judge, NDPS Act, Khagaria in connection with Parbatta P.S. Case No. 518 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T