Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44362 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== ASHA DEVI wife of Late Binod Sah Village- Bhairopatti Ps- Bahadurpur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bahadurpur P.S. Case No. 253 of 2023 dated 18.05.2023 registered for the offences punishable u/s 22(b) of the N.D.P.S. Act.

4. As per the prosecution case, Anxit 0.5 tablets(containing Alprazolam) quantity 450 tablets and Spasmo Proxyvon Plus Capsules (containing Tramadol) quantity 80 capsules were recovered from the shop of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.44362 of 2023(3) dt.02-08-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The quantity of seized contraband Anxit and Spasmo Proxyvon Plus are 450 and 80 respectively which contain Alprazolam and Tramadol weighing 225mg (0.225gms) and 4000mg (4gms), respectively which are not of commercial quantity. The petitioner is lady. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Bahadurpur P.S. Case No. 253 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T