Shanti Devi @ Shantiu Devi @ Shanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54564 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -EAST CHAMPARAN GRP CASE DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Shanti Devi @ Shantiu Devi @ Shanti W/o Rajkumar Singh, R/o Vill.- Chatuni, P.S.- Chatauni, District- East Champaran at Motihari. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in N.D.P.S. Case No. 24 of 2018 arising out of Sugauli Rail P.S. Case No. 17 of 2018 registered under Section 8/20 of N.D.P.S. Act. 260 grams of Charas is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged took place. He has no concern with the aforesaid occurrence. No incriminating article has been recovered from her conscious physical possession. The seized contraband is less than commercial quantity. The petitioner has been languishing in custody since 30.04.2018.

Patna High Court Cr.Misc. No.54564 of 2018 (03) dt.08-10-2018 - 2 - On the other hand, learned APP vehemently opposing the bail petition, has submitted that 260 grams Charas has been recovered from the possession of the petitioner, hence he does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is hereby rejected. (Prakash Chandra Jaiswal, J) Trivedi/- U T