Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24897 of 2018 Arising Out of P.S.Case No. -225 Year- 2016 Thana -KHARAGPUR District- MUNGER ====================================================== Sita Devi, Wife of Ashok Yadav, Resident of Village Khaira P.S. Haveli Kharagpur District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-05-2018 Heard.

The petitioner apprehends arrest in connection with Kharagpur P.S.Case No.225 of 2016 registered for an offence under Sections 20, 21, 22 and 25 of the NDPS Act. The allegation is that the ganja plant has been found in the courtyard of the petitioner.

It has been submitted that one Gita Devi having similar allegation has been granted anticipatory bail by the I/C Sessions Judge, Munger in ABA No.965 of 2017 on 05.10.2017. The petitioner has clean antecedent and having no concern with the alleged recovery of one green of ganja in the courtyard. The learned APP opposed the submissions.

Considering the nature of allegation facts and

Patna High Court Cr.Misc. No.24897 of 2018 (2) dt.04-05-2018 2/2 circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Munger in connection with Kharagpur P.S.Case No.225 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T