Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41084 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- JOGBANI District- Araria ====================================================== Shanti Devi W/O Sanjiv Yadav @ Sanjiv Kumar Yadav @ Sanjiv Kr. Yadav R/O Village- Hanuman Nagar, P.S- Fulkaha, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Jogbani P.S. Case No. 59 of 2024 registered for the offence under Sections 21 and 22 of the N.D.P.S. Act.

3. The petitioner is named in the F.I.R. and is in custody since 16.03.2024.

4. The allegation against the petitioner is to have in possession of contraband/Ganja total of 16 kilograms along with other co-accused persons, while she was found traveling in a car bearing Registration No. BR38N-5360.

Patna High Court CR. MISC. No.41084 of 2024(2) dt.13-06-2024 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that the car in issue was occupied by different persons and as such it can be said safely that the recovery of contraband/Ganja not appears to be made from conscious physical possession of the petitioner. It is submitted that the compliance of mandatory provisions as available under law regarding search of vehicle not appears to be followed in the present case. It is further submitted that the recovered quantity is less than the commercial quantity which in the present case is 20 Kilograms and as such rigorous implications of provisions as available under Section 37 of the N.D.P.S. Act not appears applicable in the present case. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent.

6. Learned APP opposes the prayer of bail.

7. In view of the aforesaid facts and circumstances as the recovered quantity is less than commercial quantity where the petitioner is a lady of

Patna High Court CR. MISC. No.41084 of 2024(2) dt.13-06-2024 3/3 clean antecedent, accordingly, let the petitioner, above named, is directed to be released on bail in connection with Jogbani P.S. Case No. 59 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-cum-Special Judge, NDPS Act, Araria, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T