Sunita Devi @ Guriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32165 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- GALGALIYA District- Kishanganj ====================================================== Sunita Devi @ Guriya Wife of Ramsewak Mahto @ Ram Avtar Village- D 331 Jhuggi Multani Mohalla, Geeta Colony, Purbi Delhi PS- Geeta Colony, District- East Delhi at present reisding at Resident of villige- Toripatty ward no. 02, Ps- Galgalia District -Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh KumarAdv For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for grant of regular bail in connection with Galgalia P.S.Case No. 17 of 2025 registered under sections 8 (c), 21(b), 29 of the N.D.P.S Act.

3. The allegation in the FIR, is that of recovery of 116 gm of brown sugar including the weight of polythene in which it was wrapped and some cash from the maternal house of the petitioner.

4. Learned counsel for the petitioner submits that as a matter of fact, the petitioner, who is a married lady, is resident of Delhi and she had only come to visit her brother and other family members to her maternal house. When the police

Patna High Court CR. MISC. No.32165 of 2025(2) dt.19-05-2025 2/3 arrived, her brother and others managed to escape whereas the petitioner, who was in the house was arrested. It has been submitted that the petitioner had nothing to do with the said recovery and was not in any way involved in the business of Narcotics. It is further submitted that the FIR was lodged on 15.02.2025 at 8 pm whereas the seizure list was prepared earlier at 5.30 pm itself but the FIR number is given at seizure list which creates suspicion. It is further submitted that the recovery is of an intermediate quantity which is in between small and commercial quantity, however, much less then the commercial quantity. It is also submitted that the charge sheet in this case has been submitted without FSL report. The petitioner is in custody since 16.02.2025 with no criminal antecedent.

5. The application for bail is opposed by the learned APP for the State.

6. Considering the facts and circumstance of the case, the above named, petitioner is 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 learned Sessions Judge/ Special Judge (NDPS Act) Kishanganj in connection with Galgalia P.S.Case No.17 of 2025, subject to the condition which is as follows:-

Patna High Court CR. MISC. No.32165 of 2025(2) dt.19-05-2025 3/3 (i) One of the bailors shall be own/ close member of the family of the petitioner.

(ii) The petitioner shall co-operate in the trial and shall appear on each and every date fixed at the trial till charges are framed. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Soni Shrivastava, J) N.K/- U T