Shakuntala Devi @ Shakuntala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50845 of 2025 Arising Out of PS. Case No.-679 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Shakuntala Devi @ Shakuntala Kumari W/o Bimlesh Paswan R/o VillageKhaira, P.S.- Risiyap, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Aurangabad Sadar Excise P.S. Case No. 679 of 2024, dated 15.07.2024, lodged under Sections 20(b), 22 and 25 of the NDPS Act, pending before the Court of Special Judge NDPS cum 1st Additional District and Sessions Judge, Aurangabad.

3. As per the prosecution, total recovery of 04 kg of Ganja has been made from a bike, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is a lady with clean criminal antecedent. It is also submitted that the petitioner was not apprehended from the spot, and nothing was recovered from her

Patna High Court CR. MISC. No.50845 of 2025(2) dt.11-08-2025 2/2 possession. Counsel further submits that the petitioner is the owner of the seized vehicle, but she does not know how to drive it.

5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner is the owner of the motorcycle from which the seized contraband was recovered.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T