Rajmanti Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1189 of 2021 Arising Out of PS. Case No.-603 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Rajmanti Devi Wife Of Sri Ram Mushar 2.

Shiv Kumar Mushar Son of Sri Ram Mushar Both are Residents Of Village - Brahmpur Mushar Toli, P.S. - Brahmpur, District - Buxar.

... ... Petitioner/s

Versus

The Union Of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. K.N.Singh, A.D.S.G ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-03-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioners are languishing in custody for the offences punishable under Sections 21/22(c) of the N.D.P.S. Act. From the house of the petitioners heroin was recovered and the seizure was made in presence of the husband of petitioner No.1 who is father of petitioner No.2. A copy of the seizure list was handed over to the husband of petitioner No.1 and he was roped in this case.

Submission is that investigation of the case is already complete. There is no allegation of recovery from the physical possession of the petitioners. They are family members of co-

Patna High Court CR. MISC. No.1189 of 2021(2) dt.12-03-2021 2/2 accused Sriram Mushar.

Considering the facts that there is no material for the purpose of consideration of prayer for bail that the petitioners have committed the crime alleged nor there is any substantial material that in the event of release they would commit such crime in future, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with N.D.P.S. Case No.3 of 2020 (Brahmpur P.S. Case No.603 of 2019), with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T