Binita Devi @ Vinita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50603 of 2023 Arising Out of PS. Case No.-444 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Binita Devi @ Vinita Devi Wife Of Keshav Kumar Resident Of Village - Hajiyapur, Ward No. 28, P.S. - Gopalganj, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(C), 21(B) of the N.D.P.S. Act.

As per prosecution case, the petitioner and co-accused persons were apprehended on the spot and from the house of coaccused total 28.6 grams smack like substance, cash Rs. 3,43,560/- and other articles were recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case due to high handedness of the police officials. The petitioner has no concern with the

Patna High Court CR. MISC. No.50603 of 2023(2) dt.11-08-2023 2/2 alleged recovery nor any incriminating article has been recovered from her conscious possession rather it was recovered from the house of co-accused. She has got no criminal antecedent. It is further submitted that Section 50 of the N.D.P.S., Act has not been followed during preparation of the seizure list. Moreover, the petitioner is languishing in judicial custody since 14.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody and being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj Town P.S. Case No. 444 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj. (Sunil Kumar Panwar, J) Subham/- U T