Lalmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61925 of 2022 Arising Out of PS. Case No.-366 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Lalmati Devi W/O Late Jhaliya @ Jalandar Paswan, Resident Of VillageKanti, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Kanti P.S. Case No. 366 of 2022 (NDPS Case No. 147 of 2022) lodged under Sections 8(c)/21(b) of the Narcotic Drugs and Psychotropic Substances Act.

As per prosecution, the NDPS material has alleged to be recovered but not from the possession of the present petitioner, as from the accused column the petitioner has been shown absconding meaning thereby petitioner has not arrested from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.61925 of 2022(2) dt.24-02-2023 2/2 submits that whatsoever NDPS material has been recovered but it is not from the possession of the present petitioner. Counsel further submits that the name of the petitioner has disclosed by the apprehended persons, who stated that she has left the place of occurrence. He further submits that antecedent of the petitioner is clean and she is in custody since 20.07.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Muzaffarpur in connection with Kanti P.S. Case No. 366 of 2022 (NDPS Case No. 147 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T