Nandani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36785 of 2022 Arising Out of PS. Case No.-226 Year-2017 Thana- BIDUPUR District- Vaishali ====================================================== Nandani Devi Wife Of Late Raj Kumar Singh Resident Of Village- Daud Nagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-10-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 226 of 2017 lodged under Sections 08/20(b)(ii)(c) of N.D.P.S. Act.
As per the prosecution case, the recovery of 390 kg of ganja was made from the house of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that it transpires from the contents of the F.I.R. that the petitioner is a widow and her house was used by the criminals illegally. Learned counsel further submits that vide Annexure-2,
Patna High Court CR. MISC. No.36785 of 2022(3) dt.18-10-2022 2/2 it transpires that petitioner is working as Anganbari Sevika since 2004 in nearby village of the Panchayat. Learned counsel further submits that petitioner is innocent and she is in custody since 20.02.2022 having clean antecedent.
Learned counsel for the State opposes the prayer for bail and submits that 390 kg of ganja which is more than the commercial quantity has been recovered from the house of the petitioner.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, the bail petition of the petitioner is hereby rejected.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) sadique/- U T