Jarina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86463 of 2023 Arising Out of PS. Case No.-218 Year-2019 Thana- JOGBANI District- Araria ====================================================== Jarina Khatoon Wife of Md. Jalil @ Md. Jaleel R/o - Tikuliya Basti, Haripur, P.S.- Jogbani, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Adv Msa. Diksha Kumari, Adv For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioner seeks regular bail in connection with Jogbani P.S.Case No. 218 of 2019 for the offence registered under Sections 27 (b)( ii), 28 r/w section 36 of Drug and Cosmetic Act and Section 414 of the Indian Penal Code.
3. As per the prosecution case, the police party during checking the vehicle by the police party, a tempo was intercepted from which medicines were seized. The apprehended co-accused persons disclosed that the seized
Patna High Court CR. MISC. No.86463 of 2023(2) dt.23-01-2024 2/3 medicines were handed over by Najim Ansari and consignment was to be delivered to co-accused Md. Sadarul and the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is submitted that petitioner has no concern with the seized medicines and the vehicle in question. No incriminating article has been recovered from conscious possession of the petitioner. Except the confessional statement of co-accused, there is nothing against the petitioner. Similarly situated co-accused Md. Najim Ansari has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 16.01.2023 in Cr. Misc. No. 44639 of 2022 Charge sheet has been submitted and there is no chance of absconding of petitioner or tempering with the evidence.
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 petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs,
Patna High Court CR. MISC. No.86463 of 2023(2) dt.23-01-2024 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Araria in connection with Special Case no. 03 of 2021 arising out of Jogbani P.S Case No. 218 of 2019.
(Sunil Dutta Mishra, J) N.K/- U T