Patna High CourtCR. MISC./52461/2023bail granted

Sahjan Khatoon @ Najma Khatoon v. The State Of Bihar

2023-08-19Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52461 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- JOGBANI District- Araria ====================================================== SAHJAN KHATOON @ NAJMA KHATOON W/o Md. Iliyas R/o VillageHaji Mohalla, P.S- Jogbani, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh, Advocate.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Vikram Singh, learned counsel appearing on behalf of the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jogbani P.S. Case No. 119 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., 95 bottles of Eskuf Cough Syrup (Codine Paos Paaje & Chlorpheniramine Maleate Syrup) NESL 137 containing 19 gm codine phosphate was recovered from the place of occurrence and the petitioner is said to have fled away from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner submitted that the total quantity of psychotropic substance recovered is just above the small quantity. Petitioner

Patna High Court CR. MISC. No.52461 of 2023(2) dt.19-08-2023 2/2 has clean antecedent. She is a lady and is innocent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner and the quantity of psychotropic substance recovered is just above the small quantity, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Special Judge (Excise), Araria in connection with Jogbani P.S. Case No. 119 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T