Seema @ Seema Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21217 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- THAKURGANJ District- Kishanganj ====================================================== Seema @ Seema Sah Wife of Ranjeet Sah Resident of Village -Khokshibag PS- Sadar Purnia, Dist- Purnia ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.The accused/petitioner seeks bail in connection with Thakurganj P.S. Case No. 18 of 2025 registered for the offences punishable under Section 21(c) of the NDPS Act.
3.The accused/petitioner is named in the FIR and is in custody since 01.02.2025.
4. The allegation against the petitioner is to have in possession of 205.10 gm of charas.
5. It is submitted by learned counsel appearing for the petitioner that as petitioner was named in five criminal cases which are of different
Patna High Court CR. MISC. No.21217 of 2025(3) dt.01-09-2025 2/3 nature i.e. theft, on the basis of suspicion, she was implicated with present case showing in possession of 205.10 gm of charas. It is submitted that the false implication can be gathered from the fact as compliance of Section 50 of NDPS Act qua search and seizure not appears to be followed in present case. It is submitted that the quantity recovered is less than commercial quantity, therefore, the rigors of Section 37 of the NDPS Act appears not applicable in present case, while concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP for the State while opposing the prayer of bail submitted that the petitioner was in possession of charas.
7. In view of aforesaid factual submissions, as recovered quantity of charas is less than commercial quantity, coupled with the fact that the investigation of this case is already completed, where petitioner being a lady remains in custody
Patna High Court CR. MISC. No.21217 of 2025(3) dt.01-09-2025 3/3 since 01.02.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS Act), Kishanganj or concerned Court, Kishanganj in connection with Thakurganj P.S. Case No. 18 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J) Ranjeet/- U T