Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52006 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Babita Devi S/o Rajesh Kumar R/o Village - Sonbarsa, ward no. 11, P.S. - Sonbarsa, Dist. - Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Sonbarsa P.S. Case No. 177 of 2025 registered for the offences under Sections 21(C) of the N.D.P.S. Act.
3. The accused/petitioner is named in the First Information Report and is in custody since 08.06.2025.
4. Allegation against the petitioner is to have in possession of prohibited 30 pieces of Wincerex cough syrup and 547 pieces tablets.
5. It is submitted by learned counsel appearing on behalf of the petitioner that from the FIR itself, it is evident that nothing incriminating has been recovered/surfaced from
Patna High Court CR. MISC. No.52006 of 2025(3) dt.15-11-2025 2/3 the conscious possession of the petitioner. It is submitted that recovery of aforesaid drugs has been made from joint house of the family where several members were resided. It is further alleged that alleged motorcycle bearing registration No. BR30A-5066 not belongs to this petitioner.
6. While concluding argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is concluded, for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.
7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
8. Considering the aforesaid submission and by taking note of the fact as the prohibited tablets and cough syrups constituting Codeine Phosphate was recovered from the motorcycle of the husband of this petitioner, coupled with the fact that petitioner, being a lady of clean antecedent, remains in custody since 08.06.2025, therefore, abovenamed petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with
Patna High Court CR. MISC. No.52006 of 2025(3) dt.15-11-2025 3/3 two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS Act, Sitamarhi/concerned court, in connection with Sonbarsa P.S. Case No. 177 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T