Suma Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83214 of 2024 Arising Out of PS. Case No.-547 Year-2024 Thana- RUPASPUR District- Patna ====================================================== Suma Devi Wife of Late Yugal Bind Resident of Village- Lalu Bigha, P.S.- Bind, District- Nalanda at present reside at Teshlal Verma Nagar, P.S.- Rupaspur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Sn Singh, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Rupaspur P.S. Case No. 547 of 2024 for the offence punishable under sections 8(C) and 21(b) of the N.D.P.S. lodged on 21.08.2024 by the informant, Pawan Kumar.
3. As per the prosecution story, the informant alleged that upon secret information, this lady was caught and there is recovery/seizure of 6.80 grams brown sugar beside cash of Rs. 1,600/- which led to the FIR/arrest.
4. Learned counsel for the petitioner submits that she has absolutely no concern with the brown sugar, implicated only because of her criminal antecedent and in any case, it is below the commercial quantity of 250 grams.
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5. Learned APP opposes the prayer for bail submitting that the lady has been caught with the brown sugar.
6. Considering the submissions put forwarded by the parties as also that she is a lady, is in custody since 22.08.2024 (paragraph-4 of the petition) and the recovered/seized material is below the commercial quantity, this Court is inclined to extend her the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge (Special Judge NDPS Act), Patna, in connection with Rupaspur P.S. Case No. 547 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.83214 of 2024(2) dt.09-12-2024 3/3 cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T