Mira Devi @ Meera Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20986 of 2023 Arising Out of PS. Case No.-976 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== MIRA DEVI @ MEERA DEVI Wife of Late Mahavir Thakur Resident of Village-Deep Nagar, P.S.-Jogsar, District-Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Kotwali (Jogsar) P.S. Case No.- 976 of 2022 registered for the offences punishable under Sections 20, 22 of the N.D.P.S. Act. She has got three criminal antecedents in which she is on bail.
Learned counsel for the petitioner submits that on 18.10.2022 informant got secret information that petitioner has kept Ganja in her tile house to sell. On above information, informant along with police team reached at the tile house of petitioner to conduct raid. No one was found present at the house and recovered total 3 kg 800 gm of Ganja and powder mixed with tobacco. The recovered articles were seized by preparing seizure list. Then instant FIR has been registered.
Patna High Court CR. MISC. No.20986 of 2023(2) dt.24-06-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner has no concern with the alleged house. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
One of the submissions of the learned counsel for the petitioner is that the petitioner does not reside in the said house as she is resident of the village- Deep Nagar.
Having regard to the facts and circumstances of the case, wherein it is alleged that 3 kg 800 gm of Ganja and powder mixed with tobacco has been recovered from the house of the petitioner and this petitioner is having three criminal antecedents one of which is again a case under Sections 20, 22 of the N.D.P.S. Act, this Court is not inclined to release the petitioner on bail. Prayer is refused. If the petitioner surrenders and prays for a regular bail within a period of four weeks in the court below, her prayer shall be considered on its own merit without being prejudic by the order of this Court.
This application stands rejected.
(Rajeev Ranjan Prasad, J) tusharika/- U T