Kharpati Devi @ Kharpatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15715 of 2025 Arising Out of PS. Case No.-314 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Kharpati Devi @ Kharpatiya Devi, W/o Late Parma Gond, Resident of village - Lachhichak, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Bhore P.S. Case No.314 of 2024 registered under Sections 8, 20-B and 11-A of the Narcotic Drugs and Psychotropic Substances Act (in short 'N.D.P.S. Act')

3. The allegation against the petitioner is to involve in selling of ganja along with other co-accused persons and while selling the same, total 330 gms ganja like substance and cash of Rs.46,430/- were recovered from her possession by the police team.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.15715 of 2025(3) dt.22-05-2025 2/3 submitted that the petitioner has been falsely implicated with present case. It is further submitted that total 330 gms of ganja like substance and cash of Rs.46,430/- were recovered from the house of co-accused Parma Yadav. It is further submitted that there is no recovery of any seized articles from the possession of the petitioner. It is submitted that the quantity involved is less than smaller quantity i.e. 1 kg for which the maximum punishment is extendable upto to one year. The petitioner is said to be a lady of clean antecedent.

5. Learned APP opposed the prayer for anticipatory bail of the petitioner.

6. In view of aforesaid factual submissions and by taking note of fact as the quantity recovered is less than smaller quantity i.e. 1 kg., coupled with the fact that the recovery of alleged contraband was not made from possession of the petitioner, who is a lady of clean antecedent, accordingly, the petitioner, above-named, in the event of her arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.15715 of 2025(3) dt.22-05-2025 3/3 with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Gopalganj in connection with Bhore P.S. Case No.314 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T