Seema Kumari @ Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33424 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- BHARGAMA District- Araria ====================================================== Seema Kumari @ Seema Devi, aged about 25 years W/o Ganesh Sah R/o Village- Baijupatti, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Bhargama P.S. Case No. 130 of 2025 dated 09.04.2025 registered for the offence punishable under Sections 8(c) and 21(b) of the N.D.P.S. Act.

3. The allegation is of recovery of 15 gm smack like substance from the house of the husband of the petitioner, namely, Ganesh Sah.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that that recovered 15 gm smack like substance is more than small quantity but less than

Patna High Court CR. MISC. No.33424 of 2025(3) dt.06-08-2025 2/3 commercial quantity. It is further submitted that the petitioner has been made accused only because she is the wife of Ganesh Sah from whose house the said substance has been recovered. Lastly, it has been submitted that the petitioner is in custody since 10.04.2025, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Araria in connection with Bhargama P.S. Case No. 130 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.33424 of 2025(3) dt.06-08-2025 3/3

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) prabhat/- U T