Patna High CourtCR. MISC./61733/2023allowed

Kiran Devi v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61733 of 2023 Arising Out of PS. Case No.-240 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Kiran Devi Wife Of Anil Ray Resident Of Village Narepur Bachhwara Ps Bachhwara District Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Binod Kumar, Adv Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20, 21(C), 25 of the N.D.P.S. Act.

3. As per FIR, the petitioner is alleged to have apprehended from her house from where, 3.300 gram of smack and 10 bottles of Corex syrup.

4. Learned counsel for the petitioner submits 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 of smack like narcotic substance and the same is alleged to be 3.3 gram which does no

Patna High Court CR. MISC. No.61733 of 2023(2) dt.15-09-2023 2/2 come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. She has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 4.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if charge is not framed in connection with Bachwara P.S. Case No. 240 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai.

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