Sumitra Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8277 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== 1.

SUMITRA KUMARI D/O VIJAY KUMAR KUSHWAHA R/o villageNiranjana, P.S.- Jadopur, District- Gopalganj 2.

ANKITA KUMARI D/O VIJAY KUMAR KUSHWAHA R/o villageNiranjana, P.S.- Jadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the State :

Mr. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-05-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through video conferencing.

The petitioners have filed the instant application for grant of regular bail in connection with Trial no. 12 of 2020 arising out of Jadopur P.S. Case no. 101 of 2020 registered under sections 341, 353, 216 and 34 of the Indian Penal Code and sections 8 and 20(d)(ii)(b) of the N.D.P.S. Act. As per allegation in the FIR, it is stated by the informant that on secret information having been received a raid was conducted to catch hold of one Pappu Kumar Kushwaha an accused in Vishambharpur P.S. Case no. 27/2020. It is stated

2/3 that informant along with police personnel reached his house. The accused persons including the two petitioners herein started an altercation with the police personnel and as a result of their pushing and obstructing the police, the above mentioned accused Pappu Kumar Kushwaha managed to escape. It is further stated that on search 7.2 kgs of ganja was recovered. It is submitted by learned counsel for the petitioners that from perusal of the FIR itself it would transpire the petitioners happen to be the sisters of the aforesaid Pappu Kumar Kushwaha and have been falsely implicated in the case because of their relationship. No incriminating article has been recovered from either possession or the house of the petitioners. They have no criminal antecedents and are in custody since 7.7.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for parties and taking into consideration the nature of allegation in the FIR together with the submissions made on behalf of the counsel of petitioners and the period in custody, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Trial no. 12 of 2020 arising

3/3 out of Jadopur P.S. Case no. 101 of 2020 on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cumSpecial Judge, N.D.P.S. Act, Gopalganj. (Partha Sarthy, J) Spd/- U T