Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36585 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Lalita Devi, W/o Manoj Yadav, R/o Vill.- Parbatta, Ward No.-14, PSParbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case No. 102 of 2025 corresponding to N.D.P.S. Spl. Case No. 07 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act and Section 21(c) of the N.D.P.S. Act.

3. As per the prosecution case, on a secret information, on raid, 29 bottles (375 ml) i.e. total 10.875 litres of foreign liquor and 128 bottles (100 ml) of codeine syrup were recovered beneath the bed in the house of the petitioner and the petitioner was apprehended when she was trying to fled away from her house.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.36585 of 2025(3) dt.03-09-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. Petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the seized contraband is huge quantity i.e. 12.8 litres of cough syrup containing codeine which comes under the category of commercial quantity.

6. Considering the aforesaid facts and circumstances of the case as well as the recovery of huge quantity of cough syrup containing codeine and foreign liquor from the conscious possession of the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Parbatta P.S. Case No. 102 of 2025 pending in the court of learned Court of Special Judge (N.D.P.S.), Khagaria.

7. The application stands rejected.

(Sunil Dutta Mishra, J) khushbu/- U T