Sheela Devi @ Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59454 of 2024 Arising Out of PS. Case No.-172 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Sheela Devi @ Shila Devi W/O Pintu Chaudhary R/O Village- Ora, P.SAurangabad Mufassil, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024

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

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 8(c), 20(b)(ii)(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as well as Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 2 litres of liquor and 1.1 Kg. of Ganja from the house of the petitioner.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and she came to be implicated for the reason that she is wife of Pintu Chaudhary

Patna High Court CR. MISC. No.59454 of 2024(2) dt.06-09-2024 2/2 who has antecedent of cases relating to excise. It is further submitted that even presuming what has been alleged is true without admitting then the seized ganja is less than commercial quantity and a little over small quantity. It is next submitted that petitioner will not abscond rather will cooperate in the trial and is in custody since 10.07.2024.

6. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

7. Considering the submissions made by the learned counsel appearing on behalf of the petitioner and the fact that petitioner is a lady, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Aurangabad Mufassil P.S. Case No. 172 of 2024.

(Satyavrat Verma, J) Kundan/- U T