The High Court of Patna granted regular bail to the petitioner, an old man accused of possessing ganja under the N.D.P.S. Act, directing her furnishing of a bond and sureties.
Petitioner released on bail on bond of Rs.10,000 with two sureties each to the satisfaction of the concerned Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39451 of 2022
Arising Out of PS. Case No.-201 Year-2022 Thana- DEHRI TOWN District- Rohtas
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Vimla Devi W/o Lav Choudhary Resident of New Pali Pul, Ward No. 14, P.S.Dehri (T), District- Rohtas
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 02-11-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Dehri Town P.S. Case No. 201 of 2022 registered for the offences punishable under Sections 20(a)/22 of the N.D.P.S. Act.
As per the allegation, the police party acting upon a secret information raided the alleged place and recovered twenty pudiyas weighing approx 40 grams of narcotic material suspected to be Ganja from the possession of this petitioner.
The main submissions advanced by the learned
Patna High Court CR. MISC. No.39451 of 2022(2) dt.02-11-2022 2/3
counsel Mr. Rajesh Kumar Singh for the petitioner are that the seized article i.e. suspected to be Ganja has not been recovered from the conscious possession of this petitioner and the alleged seized article has been recovered from the passengers shed. Further submissions are that the recovered narcotic material suspected to be Ganja is below than the small quantity as per the N.D.P.S. Act and the petitioner is an old lady aged about 60 years and has been languishing in jail since 26.03.2022.
Learned APP Mr. Chandra Sen Prasad Singh appearing for the State has opposed the bail prayer.
Heard both the sides and perused the FIR and the seizure list. The instant matter relates to recovery of 40 grams narcotic material suspected to be Ganja kept in 20 small packets and as per the prosecution’s story the said recovery of the contraband was made from the conscious possession of the petitioner, the petitioner is a woman and languishing in jail since 26th March, 2022. Considering these facts and mainly taking into account the quantity of the alleged recovered contraband and petitioner’s clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.39451 of 2022(2) dt.02-11-2022 3/3
amount each to the satisfaction of the concerned Court in connection with Dehri Town P.S. Case No. 201 of 2022.
(Shailendra Singh, J.)
sangam/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in the N.D.P.S. Act case.
Vimla Devi W/o Lav Choudhary
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
