Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60710 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Poonam Devi W/o Late Sanoj Kumar Singh @ Late Sanoj Singh Resident of Village Parsarma, Ward No 04, P.S. - Supaul, District Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raghopur P.S. Case No.55 of 2023, registered for the offences punishable under Sections 8/20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act.

3. As per prosecution case, there is recovery of 104 kg Ganja from the car of petitioner and 142 kg Ganja from the house of the co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is the owner of the vehicle which was purchased for her personal use, however, the said vehicle was driven by the co-accused and she had no knowledge about the use of vehicle

Patna High Court CR. MISC. No.60710 of 2024(3) dt.20-09-2024 2/2 and illegal business of contraband article. He further submits that petitioner is a woman having no criminal antecedent and she is in custody since 16.12.2023.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner and submits that there is a recovery of huge quantity of Ganja from the car of the petitioner which comes under the category of commercial quantity and the learned trial court has framed charge against the petitioner under Section 20(b)(ii)(c) / 29 of the N.D.P.S. Act .

6. Having heard the learned counsel for the parties and considering the facts and circumstances of the case, submissions of learned counsel for the parties as well as considering the fact that huge quantity of Ganja have been recovered from the vehicle of the petitioner which comes under the commercial quantity, this Court is not inclined to enlarge the petitioner on regular bail. Accordingly, the prayer for regular bail of the petitioner is rejected.

(Sunil Dutta Mishra, J) siwani/- U T