Sunaina Devi @ Sumena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67698 of 2025 Arising Out of PS. Case No.-297 Year-2024 Thana- MAGADH MEDICAL COLLEGE District- Gaya ======================================================

1. Sunaina Devi @ Sumena Devi W/O Shatrudhan Singh @ Satrudhan Singh Resident of Village- Koshdihra, P.S.- Magadh Medical, District- Gaya

2. Rohit Kumar S/O Shatrudhan Singh @ Satrudhan Singh Resident of VillageKoshdihra, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 8, 20(b)(ii) (B) of the NDPS Act and 61(2) of the B.N.S..

3. 11.980 kg of Ganja is said to have been recovered from the adjacent area of the house of the petitioners.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners have been made accused in this case merely on suspicion. No incriminating article has been recovered from the conscious physical possession or from

Patna High Court CR. MISC. No.67698 of 2025(2) dt.24-09-2025 2/2 house of petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, the clean antecedent of the petitioners and the fact that the recovery has not been made from the house of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail 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 Judge, NDPS Act, Gaya, in connection with Magadh Medical College P.S. Case No.297 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) pallavi/- U T