Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64730 of 2022 Arising Out of PS. Case No.-722 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

RINKI DEVI Wife of Late Mithilesh Paswan R/v- Shri Tola, P.S.- Ara Nawada, District- Bhojpur 2.

SHASHI BHUSAN PASWAN Son of Khaderan Ram @ Khaderan Paswan R/v- Shri Tola, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 21B of the N.D.P.S. Act.

Prosecution case relates to recovery of 20 grams narcotic contraband substance (Heroine) from petitioner no.1 Rinki Devi who also confessed that she was in business of selling Heroine with the help of petitioner no.2 Shashi Bhusan Paswan.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.64730 of 2022(2) dt.21-02-2023 2/2 have falsely been implicated in this case. The petitioners have no concern with the alleged recovery of contraband substance and the same was 20 grams which does not come under purview of commercial quantity. Nothing incriminating article has been recovered from their conscious or constructive possession rather their name came into light in this case on the basis of suspicion. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. Moreover, petitioners are languishing in judicial custody since 20.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ara Nawada P.S. Case No. 722 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge Bhojpur at Ara.

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