Chanchal Devi @ Nutan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70307 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Chanchal Devi @ Nutan Devi W/o Pappu Patel R/o Village- Chakarmainiya, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg, Adv For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Special Case (NDPS) No. 19 of 2024 arising out of Beldaur P.S. Case No. 277 of 2024 dated 30.07.2024 registered for the offences punishable u/ss 08, 20 (b) (ii) (B), 22 (b) of the N.D.P.S. Act and 25 (1B)( a), 25 (1AA), 26 and 35 of the Arms Act.

3. As per the prosecution case, 20 country made pistol, 79 live cartridges, 3 kg 400 grams ' Ganja' and a mobile phone of Vivo company was recovered from the shop of the coaccused Pappu Patel (husband of the petitioner).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case

Patna High Court CR. MISC. No.70307 of 2024(3) dt.29-11-2024 2/2 merely on the basis of being a wife of the co-accused Pappu Patel. Learned counsel has further submitted that the seized contraband is less than the commercial quantity. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged 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 learned Court concerned, Khagaria in connection with Special Case (NDPS) No. 19 of 2024 arising out of Beldaur P.S. Case No. 277 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T