Patna High CourtCR. MISC./68640/2023allowed

Munni Devi v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68640 of 2023 Arising Out of PS. Case No.-704 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Munni Devi W/O Sanjay Singh @ Sanjay Kumar Singh Resident Of MohllaBhatta Bazar, P.S. K. Hat, (Sahayak() District-Purnea Presently R/O MohallaShivpuri, Ward No. 23, (Rented House Of Prakash Yadav), P.S. K.Hat (Sahayak), Disttict-Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 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 8(c), 21(a) of the N.D.P.S. Act.

3. According to the FIR, prosecution case relates to recovery of 151 gram smack like substance from the bathroom of rented flat of the petitioner.

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 alleged recovery has been made from the bathroom of co-accused

Patna High Court CR. MISC. No.68640 of 2023(2) dt.17-10-2023 2/3 Sunil Kumar and seizure list bears his signature for the said recovery. Nothing has been recovered from the house of possession of the petitioner. The petitioner has no concern with the alleged recovery of smack like narcotic substance and the same is alleged to be 151 gram which does not 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. Accused Sunil Kumar Yadav has already been enlarged on bail vide order dt. 5.10.2023 passed in Cr. Misc. No. 55069 of 2023. Moreover, the petitioner is languishing in judicial custody since 5.8.2023.

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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K. Hat (Sahayak) P.S. Case No. 704 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.68640 of 2023(2) dt.17-10-2023 3/3 amount each to the satisfaction of learned Special Judge, N.D.P.S. Act, Purnea.

(Sunil Kumar Panwar, J) sushma/- U