Patna High CourtCR. MISC./21340/2016bail granted

Yashmin v. The State Of Bihar

2016-05-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21340 of 2016 Arising Out of PS.Case No. -842 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Yashmin W/o Noor Mohammad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harsh Singh, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 28.07.2015 in a case registered for the offences punishable under sections 21, 22, 24 of The Narcotic Drugs and Psychotropic Substances Act and 414 of the Indian Penal Code. Prosecution case is that on 27.02.2015 on secret information the petitioner, co-accused Shabir Noor Mohammad and Deepak Kumar were apprehended while they were travelling on a motorcycle. On search, from the possession of the petitioner 58 gram Heroine like material, two mobile phones and Rs.5000/- cash were recovered. From the possession of co-accused Shabir Noor Mohammad one mobile phone and from the possession of co-accused Deepak Kumar one motorcycle were recovered.

Patna High Court Cr.Misc. No.21340 of 2016 (2) dt.13-05-2016 2/2 It is submitted by learned counsel for the petitioner that the FIR suggests that on suspicion the seized contraband was treated as Heroine like material. The FSL report reflects that the seized contraband was found to be 'Alprazolam' which is commercially known as 'Alprax', which does not come under the Narcotic Substance. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that the investigation has already concluded. Considering the FSL report and the fact that the petitioner is a lady, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Rohtas, Sasaram, in connection with Sasaram (T) P.S. Case No.842/2015.

(Dinesh Kumar Singh, J) Ashwini/- U T