Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6581 of 2023 Arising Out of PS. Case No.-429 Year-2022 Thana- BUXAR District- Buxar ====================================================== ASHA DEVI W/o Dadan Prasad Resident Of Mohalla- Shanti Nagar Ward No 34, P.S.- Buxar (Nagar), Distt- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Buxar (Town) P.S. Case No. 429 of 2022, registered for the offence punishable under Sections 21, 22, 27 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

The allegation against the petitioner is that recovery is of 6.4 grams of heroine recovered from the possession of the petitioner which is intermittent quantity i.e. it is more than small quantity and less than commercial quantity.

Learned counsel for the petitioner submits that the petitioner is innocent and falsely been implicated in this case. Petitioner is in custody since 02.08.2022.

Learned APP has vehemently opposed the prayer for

Patna High Court CR. MISC. No.6581 of 2023(2) dt.16-05-2023 2/2 bail.

Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, be released 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 learned District Judge-cum-Special Court, N.D.P.S., Act, Buxar in connection with Buxar (Town) P.S. Case No. 429/2022. This is also subject to the condition that (i) the petitioner shall mark his presence in Buxar (Town) Police Station, District- Buxar on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T