Aarti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48548 of 2025 Arising Out of PS. Case No.-245 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Aarti Kumari S/o Abhishek Singh @ Chintu Singh R/o Village- Dih Buchauli, P.S. Mahisaur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jandaha P.S. Case No. 245 of 2025, instituted for the offences punishable under Sections 8, 20(b)(ii)(B) and 29 of the Narcotics Drugs and Psychotropic Substance Act.

3. The prosecution case, in short, is that there is recovery of 430 grams of Ganja and 35 grams of Heroin (Kota) from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case only on the basis of suspicion and to harass the petitioner. The petitioner is the wife of the co-accused Abhishek

Patna High Court CR. MISC. No.48548 of 2025(2) dt.05-08-2025 2/3 Singh @ Chintu Singh. He further submits that the quantity of Ganja recovered is less than the small quantity as per N.D.P.S. Act and, so far as Heroine (Kota) is concerned, the same is also slightly higher than the small quantity but, much less than the commercial quantity and, hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of alleged Heroine (Kota) or the Ganja. The recovery has been made from the joint house of the petitioner and not from the possession of the petitioner where other family members also reside. The petitioner is in custody since 12.06.2025 and has got no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. The petitioner is a lady.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity, the period of custody undergone by the petitioner and the petitioner being lady, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.48548 of 2025(2) dt.05-08-2025 3/3

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jandaha P.S. Case No. 245 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T