Ganga Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.230 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- SAHODARA District- West Champaran ====================================================== Ganga Devi Wife of Birendra Patel Resident of Village - Bhikhna Thori, Police Station - Sahodara, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahodara P.S. Case No. 65 of 2021 registered under Section 414 of the Indian Penal Code read with Section 8, 20 (b)(ii)(b), 8, 20 (b)(ii) (c) of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 04.08.2021, charge-sheet has been submitted in the case, has antecedent of one case under the Excise Act and is a woman and the informant alleges that from secret information one motorcycle was intercepted near Border Pillar No. 434/2 at 11:45 hours and the petitioner along with her husband were found on the motorcycle. It is further alleged that 4.5 Kg. of Ganja was recovered from the seat of the motorcycle. The learned counsel submits that the petitioner is a lady,

Patna High Court CR. MISC. No.230 of 2022(2) dt.16-05-2022 2/2 she was completely unaware that what her husband was carrying and came to be implicated merely because she was sitting with her husband. It is also submitted that the alleged recovered Ganja is definitely more than small quantity but it less than commercial quantity and petitioner is a woman. It is also submitted that the husband of the petitioner is in custody. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 04.08.2021, charge-sheet has been submitted in the case and is a woman, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sahodara P.S. Case No. 65 of 2021.

(Satyavrat Verma, J) ved/- U T