Durgawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44015 of 2024 Arising Out of PS. Case No.-149 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Durgawati Devi, Wife of Krishna Kumar Gupta, R/O Vill.- Line Bazar, Pakadihar, P.S.- Mirganj, Dist.- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Kumar Ram, Advocate For the Opposite Party :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mirganj P.S. Case No.149 of 2024 registered for the offence punishable under Sections 8/20(b)(ii)(b)/29 of the NDPS Act. 3.

As per the prosecution case, 350 grams of ganja has been recovered from the shop of the petitioner. 4.

The recovery is of 350 gram of ganja which is small quantity. The petitioner is in jail since 14.04.2024. 5.

This application is disposed of with direction to the Sessions Judge-cum-Special Judge, Gopalganj to explain to the petitioner/accused the fact that the recovery is of small quantity and the maximum punishment is one year and if he pleads guilty, he may be let off after completing a particular

Patna High Court CR. MISC. No.44015 of 2024(2) dt.26-06-2024 2/2 period in custody. If the petitioner pleads guilty, appropriate order shall be passed by the Court below.

6.

In case, the petitioner does not plead guilty, the petitioner shall be released on bail by the Sessions Judgecum-Special Judge, Gopalganj. 7.

This application stands disposed of with the aforesaid directions.

(Sandeep Kumar, J) pawan/- U T