Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87962 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- GHURNA District- Araria ====================================================== Parvati Devi W/O Parmeshwar Paswan Resident of village - Bhawanipur ward no.- 05, P.S- Fulkaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-01-2025 Heard the parties.

2. The petitioner is in custody in connection with Gurna P.S. Case No. 54 of 2024 for the offence punishable under sections 8 and 20 of the NDPS Act lodged on 07.10.2024 by the informant, Praveen Prabhakar.

3. As per the prosecution story, the informant alleged that on secret information, the house of the petitioner was raided and there is recovery/seizure of 5.100 kg 'ganja'. This led to the FIR.

4. Learned counsel for the petitioner submits that the recovery is from an open house which is jointly occupied by the petitioner, she being a lady, has already suffered by being in custody since 08.10.2024. In any case, the recovery is below the commercial quantity.

Patna High Court CR. MISC. No.87962 of 2024(2) dt.08-01-2025 2/3

5. Learned APP opposes the prayer for bail submitting that the recovery is from her house.

6. Considering the submissions put forward by the parties as also that the petitioner is a lady, is in custody since 08.10.2024 and the recovery/seizure 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 District and Sessions Judge-cum-the Special Judge NDPS Act, Araria in connection with Gurna P.S. Case No. 54 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,

Patna High Court CR. MISC. No.87962 of 2024(2) dt.08-01-2025 3/3 failing which the State shall be at liberty to take steps for 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) Vijay Singh/- U T