Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35227 of 2022 Arising Out of PS. Case No.-119 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== BABITA DEVI W/o Sanjay Mahto @ Sanjay Kumar Mahto R/o MohallaSenapat, Ward No. 21, P.S.- Town, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ugranath Mallik For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-04-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Nagar (Town) P.S. Case No. 119 of 2022, registered for the offences punishable under Sections 22 (b) of the NDPS Act. The learned counsel for the petitioner has submitted that the petitioner is lady. She has no criminal antecedent and she is under custody since 16.05.2022 for the allegation that one bottle cough syrup Dialex DC and 600 tablets of Pyeevon Spas Plus were recovered from her house. He has further submitted that Dialex DC contains Chlopheniramine Melate and Codeine which are cough syrup.

Patna High Court CR. MISC. No.35227 of 2022(7) dt.17-04-2023 2/2 On the other hand, the learned APP has opposed the prayer for bail.

Considering the clean antecedents as well as the period of detention, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Darbhanga in connection with Nagar P.S. Case No. 119 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T