Dropadi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40805 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- BANMANKHI District- Purnia ====================================================== DROPADI DEVI W/o Bihari Sah Resident of Village - Darjipatti, P.S.- Banmakhi, Distt.- Purnea, State- Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Ms.Preety Kunwar, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned senior counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 19 of 2021 (NDPS Act) arising out of Banmankhi P.S. Case No. 75 of 2021 for the offence registered under Sections 8 (c) and 20(b)of the Narcotic Drugs & Psychotropic Substance Act, 1985.

The allegation is regarding recovery of 880 grams of Ganja from the grocery shop of the petitioner. The learned senior counsel for the petitioner has submitted that the petitioner is an accused in one other case of the year 2010 but she is on bail in the said case. It is further submitted that the quantity of Ganja seized from the grocery

Patna High Court CR. MISC. No.40805 of 2021(2) dt.03-01-2022 2/3 shop of the petitioner is less than its small quantity, as specified in the schedule notified under the provisions of the NDPS Act, 1985 inasmuch as small quantity of Ganja has been mentioned as 1 kg. and the commercial quantity of Ganja has been mentioned as 20 kg., hence there is no impediment in granting bail to the petitioner herein especially considering the period of incarceration of the petitioner herein.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned senior counsel for the petitioner and taking into account the materials available on record as also considering the fact that the quantity of Ganja seized from the grocery shop of the petitioner is less than the small quantity specified in the schedule notified under the provisions of the NDPS Act, 1985, apart from considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.40805 of 2021(2) dt.03-01-2022 3/3 satisfaction of learned Special Judge, N.D.P.S. Act, Purnea in connection with Banmankhi P.S. Case No. 75 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T