Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54475 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Soni Kumari Wife Of Uday Kumar Resident Of Village- Bhagatpur Ps- Ballia Dist- Begusarai Presently Residing At - New Chikuwadi Nagar, Banjarwada Tanda, Po And Ps- Mankhurd, Dist- Shivaji Nagar Mumbai (MAHARASTRA) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 8(A), (C), 20, 21, 22 & 25 of the N.D.P.S. Act.

3. As per the prosecution, the allegation against the petitioner is that one Hero Splendor Motorcycle bearing Registration No. BR09 AF 7785, she used for carrying codeine syrup. The total 90 bottles of codeine syrup have been seized by the police on which 2 persons were going, but upon search by the police, these two persons were successfully fled away from the place of occurrence.

4. Counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the said

Patna High Court CR. MISC. No.54475 of 2023(2) dt.23-08-2023 2/2 motorcycle is registered, but in the name of the petitioner which was gifted to her husband by her father and upon purchase, the motorcycle was registered in her name.

5. Counsel further submits that the petitioner is presently residing with her husband at Mumbai leaving motorcycle at her in-laws house at Village- Bhagatpur, P.S.- Ballia, District- Begusarai

6. Counsel further submits that the culprits who fled away must be punished.

7. Learned APP for the State opposes the prayer for bail.

8. In the facts and circumstances., let the abovenamed petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of 30000/- (thirty ₹ thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Ballia P.S. Case No.102 of 2022 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) prakashmani/- U T