Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6819 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Asha Devi wife of Akhalish Kesari @ Akalesh Keshari resident of Khara Ward no. 04, Police Station- Udakisunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-05-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with N.D.P.S. Case No. 13 of 2020 corresponding with Excise Complaint Case No. 124 of 2020 registered under section 20B of the N.D.P.S. Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on being confronted, from the bag stated to have been thrown by the petitioner, on search, 620 grams of ganja and 10.32 litres of IMFL is said to have been recovered.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person

2/2 or in the manner as alleged in the F.I.R. The petitioner who is a lady has been falsely implicated in this case. She is in custody since 12.9.2020, investigation in the case has concluded and she has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody and the petitioner being a lady having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with N.D.P.S. Case No. 13 of 2020 corresponding with Excise Complaint Case No. 124 of 2020 on 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, N.D.P.S. Act, Madhepura.

(Partha Sarthy, J) Bibhash U T