Nibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86481 of 2023 Arising Out of PS. Case No.-450 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Nibha Devi W/O Sukhdeo Sah R/O Mohalla- Panchi Mubarakpur, P.S.- Hajipur, Raja Pakar, Dist.- Vaishali 2.

Sukhdeo Sah Son Of Late Damodar Sah R/O Mohalla- Panchi Mubarakpur, P.S.- Hajipur, Raja Pakar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Adv For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioners seek regular bail in connection with Kanti P.S.Case No. 450 of 2023 for the offence registered under Sections 8/20 (b)(ii) (B) of N.D.P.S Act.

3. As per the prosecution case, the petitioners were arrested with 10.90 kg Ganja.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Both the petitioners were standing on the road and the police arrested them. There is non compliance of

Patna High Court CR. MISC. No.86481 of 2023(2) dt.23-01-2024 2/2 mandatory provisions of section 50 of NDPS Act. The petitioners were husband and wife and have no criminal antecedent and since 17.06.2023, they are in custody.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of the parties, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs, 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge cum Special Judge, Muzaffarpur in connection with Kanti P. S.Case No. 450 of 2023. (Sunil Dutta Mishra, J) N.K/- U T