Patna High CourtCR. MISC./52945/2023bail granted

Panwa Devi v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52945 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== PANWA DEVI Wife of Late Munshi Das Resident of village - Kasbhar Pratappur, P.s. - Pratappur, Distt. - Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Imamganj P.S. Case No. 88 of 2023 dated 04.04.2023 registered for the offences punishable u/ss 8, 17(c) and 18(c) of the N.D.P.S. Act.

4. As per the prosecution case, total 5 Kg. afeem kept in 4 plastic bags was recovered from the possession of the coaccused Ajay Das who disclosed that the said bag was given to

Patna High Court CR. MISC. No.52945 of 2023(2) dt.24-08-2023 2/3 him by this petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The seized contraband was recovered from the possession of the co-accused Ajay Das. Nothing incriminating has been recovered from the conscious possession of the petitioner who is a lady. The seized contraband is of the commercial quantity. The name of the petitioner has sprung up on the basis of disclosure made by the co-accused person, Ajay Das. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.04.2023 as per impugned order.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Imamganj P.S. Case No. 88 of 2023.

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8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T