Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47126 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- BAUSI District- Purnia ====================================================== Dulari Devi wife of Shivu Mahto Resident of Piprithan Police StationKurlicourt, Distt. Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 09.04.2019 has filed the instant application for grant of bail in connection with Special Case No. 12 of 2019 arising out of Baisi P.S. Case No. 82 of 2019 (District Purnea) registered for the offence punishable under sections 8, 20(b) (2) (3) and 25 of the NDPS Act.

As per the allegation in the FIR, the petitioner was arrested sitting in the vehicle from which about 49 Kgs Ganja was recovered.

It is submitted by learned counsel for the petitioner that the petitioner who is a lady was a passenger in the car, from the FIR itself it would transpire that two persons made an

Patna High Court CR. MISC. No.47126 of 2019(3) dt.25-09-2019 2/2 attempt to run away but were chased and caught by the police and that the petitioner had no knowledge about Ganja being carried in the said vehicle. She has no criminal antecedent and is in custody since 09.04.2019. Further, the driver of the vehicle Indrajit Ray has been enlarged on bail by order dated 23.08.2019 passed in Cr. Misc. No. 52626 of 2019. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner is a lady, her being in custody since 09.04.2019 and that the driver of the vehicle has been enlarged on bail, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on her furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Purnea in connection with Special Case No. 12 of 2019 (District Purnea) arising out of Baisi P.S. Case No. 82 of 2019. (Partha Sarthy, J) Prakash/- U T