Budhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22331 of 2018 Arising Out of PS.Case No. -22 Year- 2017 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Budhani Devi, wife of Hari Rajak @ Hari Baitha, residents of VillageBasahi Bhindi, P.S.- Tajpur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 08.05.2017 in connection with Kangali P.S. Case No. 22 of 2017 for offences punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case, as lodged by the police personnel, is that they apprehended the petitioner and from a plastic bag carrying on her head 5 Kg. Ganja was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history, a 60 year old lady and has been falsely implicated. He submits that the

Patna High Court Cr.Misc. No.22331 of 2018 (2) dt.19-04-2018 2/2 recovered Ganja is less than commercial quantity and that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances, the materials on record the petitioner being a lady as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge/Special Judge, West Champaran at Bettiah in connection with Kangali P.S. Case No. 22 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T