Patna High CourtCR. MISC./80319/2024bail rejected

Sita Devi v. The State Of Bihar

2024-11-21Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80319 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Sita Devi W/o- Sanjay Sah, D/o- Gangaram Sah Village- Pachtaki Yadu , Ward No.8, P.S. Bairgania, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the State :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-11-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Bairgania P.S. Case No. 47 of 2024 for the offences punishable under Sections 8(A)(C) and 20(B)(ii)C of the N.D.P.S. Act, lodged on 19.02.2024 by the informant, Sonam Kumari.

3. As per the prosecution story, the police during patrolling duty, raided the house of Sanjay Sah and recovered/seized 38 Kilogram ganja. This led to the F.I.R./arrest.

4. Learned counsel for the petitioner submits that he being the housewife, had no role to play in the matter, husband is already an accused.

5. Learned APP on the other hand opposes the prayer

Patna High Court CR. MISC. No.80319 of 2024(2) dt.21-11-2024 2/2 submitting that the recovery is just double of what is the commercial quantity (20 Kilogram).

6. Considering the submissions put forward by the parties as also the quantity of recovery, the thumb impression if of the petition in on the seizure list, in that background, for the present this Court is not inclined to extend him the privilege of bail.

7. Accordingly, the present bail application stands rejected.

8. As the petitioner is in custody and is a lady, it is expected that the Trial Court shall be taking up the matter, will be procuring the FSL report, if still has not been received and will expedite the Trial.

(Rajiv Roy, J) vinayak/- U T