Ranjo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68935 of 2022 Arising Out of PS. Case No.-998 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Ranjo Devi W/O Late Bitan Yadav Resident of village- Jangali Mandal Tola, P.S.- Muffasil, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Adv.
For the Opposite Party/s :
Mr. Prem Kumar Jha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 998 of 2021 registered for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act.
As per the prosecution, the informant along with other police personnel acting upon a secret information apprehended this petitioner and upon making search from the possession of this petitioner 14.300 Kg of Narcotic material suspected to be Ganja was recovered.
Patna High Court CR. MISC. No.68935 of 2022(2) dt.07-12-2022 2/3 The main submissions advanced by learned counsel Mr. Rajeev Ranjan appearing for the petitioner are that the petitioner earlier preferred Cr. Misc. No 20493 of 2022 for the relief of regular bail which was rejected by this Bench but the petitioner was given a liberty to renew his bail prayer after the examination of the witnesses of the seizure list and now the petitioner has again come before this Court for the same relief in the light of the said liberty as witnesses of the seizure have been examined and in this regard details has been given in the order of the learned court below. Further submission is that the petitioner is a woman and languishing in jail since 17.12.
2021 and during her custody period eyesight of her one eye has damaged and she was not provided medical treatment in the jail and in this regard statement was made before the court below while hearing of her bail petition and the same was noted in the order impugned. Further submission is that the alleged recovered Contraband suspected to be Ganja is lesser than commercial quantity and petitioner has fair and clean antecedent.
Learned APP Mr. Prem Kumar Jha appearing for the State has opposed the bail prayer.
Heard both the sides and perused the case record.
Patna High Court CR. MISC. No.68935 of 2022(2) dt.07-12-2022 3/3 Though against the petitioner there is a serious allegation of keeping Narcotic material in her possession but considering her custody period as well as the changed circumstances as to examination of the main witnesses of the alleged search and seizure and it appears that most of the witnesses of the prosecution are official witnesses and there may be some delay in the final disposal of the case and as per the above submission eyesight of one eye of the petitioner has damaged during her custody period, in the opinion of this Court, in the light of these new circumstances a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner 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 the Court concerned in connection with Khagaria (Muffasil) P.S. Case No. 998 of 2021.
(Shailendra Singh, J.) annu/- U T