Sundari Devi @ Sundar Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26099 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Sundari Devi @ Sundar Devi, W/o Kailash Bind, Resident of VillageBarahpur Bind Toli, P.S.- Mokama, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Arun Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kahalgaon P.S. Case No. 17 of 2017 registered under Sections 20 and 22 of the N.D.P.S. Act.

As per the prosecution case, 67 Kg of Ganja was recovered from a Scorpio vehicle and the petitioner was one of the occupants of the said vehicle.

It is submitted by learned counsel for the petitioner that the petitioner happens to be a lady. Nothing incriminating article was recovered from the conscious physical possession of the petitioner rather from the vehicle of which the petitioner was a commuter. The petitioner is languishing in custody since

Patna High Court Cr.Misc. No.26099 of 2017 (2) dt.12-06-2017 2/2 10.01.2017 and she has got no criminal antecedent. There is nothing in the case diary to show the complicity of the petitioner in the alleged occurrence. Co-accused Soni Devi and Mohini Devi have been enlarged on bail by this court in Cr. Misc. No. 18169 of 2017 and Cr. Misc. No. 16805 of 2017 respectively and the case of the petitioner stands on similar footing.

Considering the facts aforesaid, the above named petitioner 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 1st Additional Sessions Judge, Bhagalpur in connection with Kahalgaon P.S. Case No. 17 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T