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Patna High CourtCR. MISC./60162/2023rejected

Urni Devi v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60162 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- PURAINI District- Madhepura ====================================================== URNI DEVI Wife of Late Pato Mandal R/o vill - Bhatauni, ward no. 5, P.S. - Puraini, Distt. - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8,20(b) (ii)(c), of the NDPS Act.

As per FIR, the petitioner and co-accused persons were apprehended on the spot and upon search total 194.350 kg ganja was recovered from an ambulance.

Learned counsel for the petitioner submit that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the vehicle in question does not belong to her. During investigation, mandatory

Patna High Court CR. MISC. No.60162 of 2023(4) dt.07-02-2024 2/2 provision in respect of seizure list has not been followed. She has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.02.2023. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the recovery of ganja from the ambulance is alleged to be 194.350 kg which is much more than commercial quantity as per N.D.P.S. Act. The petitioner and others were also apprehended on spot with the alleged vehicle and ganja. The FSL Report is also corroborated the prosecution version.

Having heard the learned counsel for the parties and considering the fact and gravity of the offence, this court is not inclined to enlarge the petitioner on bail and, as such, her prayer for bail stands rejected.

Hence, the trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) manishkumar/- U T