Patna High CourtCR. MISC./27944/2018bail granted

Babita Sahani @ Booby Sahani @ Wali Sahani v. The State Of Bihar

2018-05-09Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27944 of 2018 Arising Out of PS.Case No. -295 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Babita Sahani @ Booby Sahani @ Wali Sahani Wife of Late Ram Chander Sahani Resident of Village - Mahadebpur Saugh Pandua, P.S. Poospandua, District - Hoogly (West Bengal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 03.03.2017 passed in Cr. Misc. No. 10152 of 2017 as well as vide order dated 22.11.2017 passed in Cr. Misc. No. 54825 of 2017, in connection with NDPS Case No. 16 of 2016, arising out of Udwant Nagar P.S. Case No. 295 of 2016, registered for the offences punishable under Sections 20(b)(ii) (c) and 22(c), of the Narcotic Drugs and Psychotropic Substance Act, 1985 Act.

Submission of learned counsel for the petitioner that petitioner is a lady and five persons including the petitioner was arrested and other co-accused persons have already been enlarged on bail by different coordinate Benches of this Court vide order dated 13.07.2017 passed in Cr. Misc. No. 32581 of 2017,

Patna High Court Cr.Misc. No.27944 of 2018 (2) dt.09-05-2018 2/3 vide order dated 30.06.2017, passed in Cr. Misc. No. 20551 of 2017 and vide order dated 28.02.2017 passed in Cr. Misc. No. 3760 of 2017 and she has been in judicial custody since 04.08.2016 and there is no likelihood of conclusion of trial in near future.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of period of custody and also that petitioner is a lady, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -VI, Ara, Bhojpur in connection with NDPS Case No. 16 of 2016, arising out of Udwant Nagar P.S. Case No. 295 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and

Patna High Court Cr.Misc. No.27944 of 2018 (2) dt.09-05-2018 3/3 when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T