The Patna High Court granted regular bail to a woman petitioner accused of narcotic offences (cocaine/charas/ganja) who was in custody since December 2021, directing her to furnish a bail bond and two sureties.
Regular bail granted on jewellery bond of Rs. 20,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27828 of 2022
Arising Out of PS. Case No.-14 Year-2021 Thana- MANSI RAIL P.S. District- Khagaria
======================================================
NIRMALA DEVI W/o Late Sonelal Patel Resident of Village - Ekania, P.s.Mansi, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar For the Opposite Party/s : Mr.Amitesh Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 15-09-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 8 and 20(ii)(b) of the N.D.P.S. Act.
As per the prosecution case, 1.250 kilograms of Ganja was recovered from the possession of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of
Patna High Court CR. MISC. No.27828 of 2022(2) dt.15-09-2022 2/2
the bail petition. Charge-sheet has already been submitted against the petitioner. The petitioner is a lady. The petitioner is in custody since 18.12.2021.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, Khagaria, in connection with Mansi Rail P.S. Case No. 14 of 2021.
The application stands allowed.
(Chandra Prakash Singh, J)
shobhakri/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on regular bail in a case under the Narcotic Drugs and Psychotropic Substances Act.
If regular bail can be granted in light of the period of custody and allegations of false implication.
1 provisions across 1 enactments
Nirmala Devi W/o Late Sonelal Patel
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
