Sulekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58545 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- Basmatia District- Araria ====================================================== Sulekha Devi W/o Raj Kumar Khatwe R/o Village- Ward No. 08, P.S.- Basmatiya, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Ms. Diksha Kumari, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Basmatiya P.S. Case No. 33 of 2024 instituted for the offences under Sections 8(c), 21(c), 22, 23 of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered 516 gram brown sugar from the Auto bearing Regd. No. BR 38P 5751 which is being driven by the co-accused Rupesh Kumar. The petitioner is said to be travelling in the alleged Auto.

4. The petitioner has renewed her prayer for grant of regular bail which was earlier rejected by Court on merit on the ground of recovery of contraband beyond the commercial quantity vide order dated 12.11.2024 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.58545 of 2025(3) dt.23-09-2025 2/3 79273 of 2024.

5. Learned counsel for the petitioner submits that the petitioner is in custody since 30.08.2024. He further submits that the charge-sheet has been submitted on 10.03.2025 but, without F.S.L. report and the cognizance has been taken on 19.03.2025 that too without F.S.L. report. The petitioner is lady and having four minor children. He further submits that there is no likelihood of conclusion of the trial in near future.

6. In compliance to the order of this Court dated 19.08.2025, the learned court below has sent report dated 23.08.2025 regarding present stage of trial.

7. The report of the learned I/c Sessions Judge, Araria shows that the cognizance has been taken on 19.03.2025. It is further stated that after framing of charge on 03.04.2025, summons, bailable warrant and non-bailable warrant has been issued against the charge-sheeted witnesses on 07.04.2025, 08.05.2025 and 23.07.2025 respectively but, no any prosecution witness has been examined as yet and the case is at the stage of prosecution evidence now and the next date is fixed on 25.08.2025.

8. Having heard learned counsel for the petitioner, this Court does not find any new/fresh ground for re-considering the

Patna High Court CR. MISC. No.58545 of 2025(3) dt.23-09-2025 3/3 bail application of the petitioner.

9. In that view of the matter, the present application is again rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of six months from today.

10. If the trial is not concluded within the aforesaid period of six months, the petitioner will be at liberty to renew his prayer for bail before the learned court below. (Rudra Prakash Mishra, J) rishi/- U T