Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73464 of 2022 Arising Out of PS. Case No.-566 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== RITA DEVI Wife of Santosh Dubey @ Santosh Dubay Resident of villageMathura Sultanpur, Panchkathia, P.S.- Bidupur, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bidupur P.s. Case No. 566 of 2022 instituted for the offence under Sections 20(2)(C) of the N.D.P.S. Act.

3. Prosecution case relates to recovery of Ganja like contraband substance i.e. 71 kg from a vehicle bearing Registration No. BR06GE-1243. The petitioner is alleged to be owner of the aforesaid vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. She has falsely been implicated in this case as she is owner of the said vehicle but she was not apprehended on spot. The petitioner has no concern with the alleged recovery of ganja like contraband substance. Nothing has been recovered from possession of the

Patna High Court CR. MISC. No.73464 of 2022(7) dt.21-08-2023 2/2 petitioner. It is further submitted that the provision of N.D.P.S. Act has not been followed properly. Moreover, the petitioner is languishing in judicial custody since 24.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is the registered owner of the seized vehicle from where ganja like substance was recovered. The alleged recovery of ganja is about 71 kg which is much more than commercial quantity as per N.D.P.S. Act.

6. In pursuance to the direction of this Court, a report with regard to the present stage of trial dt. 4.8.2023 has been received by which it appears that trial shall be concluded within a period of six months.

7. Having heard the learned counsel for the parties and considering the commercial quantity of the seized Ganja, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same within stipulated period i.e. six months, failing which the petitioner may renew his prayer of bail. (Sunil Kumar Panwar, J) Amandeep/- U T