Sulekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69034 of 2023 Arising Out of PS. Case No.-557 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Sulekha Kumari D/O Jagdish Sahani Resident Of Sriram Tola Bailauri Ps Purnea Sadar District Purnea 2.

Kaushalya Devi W/O Jagdish Sahani Resident Of Sriram Tola Bailauri Ps Purnea Sadar District Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Purnea Sadar P.S. Case No. 557 of 2023 registered for the offence under Sections 8(c), 21(b), 25 of the N.D.P.S. Act.

3. As per prosecution case, the petitioners are alleged to have been apprehended by the police with a scooty from where, 9.19 gram smack like contraband substance was recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have got no

Patna High Court CR. MISC. No.69034 of 2023(2) dt.01-11-2023 2/2 criminal antecedent as stated in para-3 of the bail petition. The petitioners have no concern with the alleged sized smack which is said to be 9.19 gram and the same does not come under preview of commercial quantity as per the N.D.P.S. Act. It is further submitted that the petitioners are ladies and they are languishing in judicial custody since 20.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as the petitioners are ladies and their custody period, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail after framing of charge, if not framed, in connection with Purnea Sadar (Muffasil) P.S. Case No. 557 of 2023 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-cumSpecial (NDPS) Judge, Purnea. (Sunil Kumar Panwar, J) Amandeep/- U T