Allowed

Rekha Devi v. The State of Bihar

Patna HC21 Oct 2024CR. MISC./62369/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a woman arraigned in an NDPS case after 17.5 kg of ganja was recovered from her motorcycle, which she was not driving. The court noted she was only the registered owner and the quantity was below commercial quantity, and granted pre-arrest bail.

What did the court decide?

Petitioner to be released on anticipatory bail on Rs.10,000 bond with two sureties, subject to Section 438(2) CrPC conditions.

Rekha Devi Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62369 of 2024

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Arising Out of PS. Case No.-29 Year-2024 Thana- BARDAHA District- Araria

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======================================================

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Rekha Devi Wife of Chandeshwar Singh Resident of village- Tira Khardaha, Tigapur, Ward no. 1, P.S.- Sikti, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.N.K. Agarwal, Sr. Advocate : Mr.Bidhu Ranjan, Advocate : Ms.Diksha Kumari, Advocate For the Opposite Party/s : Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 21-10-2024 1. Heard learned Counsel for the petitioner and learned APP for the State.

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This application, for grant of anticipatory bail, arises out of Bardaha PS case no. 29 of 2024, disclosing offences punishable under Sections 8, 20(b)(ii)(c) of N.D.P.S. Act.

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The prosecution story, as per the First Information Report, is that on 10.04.2024 in the night, during patrolling, a motorcycle was intercepted which was coming from the side of Kursa Kanta and upon seeing the police party, the rider tried to escape but has become unbalanced and fell down but he succeeded in fleeing away. A bag was tied on the motorcycle and upon search, 17.5 kg. of ganja was recovered. The

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Patna High Court CR. MISC. No.62369 of 2024(2) dt.21-10-2024 2/3

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registration no. of the motorcycle is BR 38AE-5101.

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Mr. N.K. Agarwal, learned Counsel for the petitioner submits that petitioner is a lady and has been made accused only because she happens to be the registered owner of the motorcycle. Learned counsel further submits that at the time of occurrence, motorcycle was being driven by her son and petitioner was not having any knowledge that her son had kept 17.5 kg of ganja upon it. He next submits that the petitioner is having no criminal antecedent and there is no likelihood of her committing similar offence in future.

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Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is only the registered owner of the motorcycle in question and this Court has reason to believe that she was not driving the motorcycle as is mentioned in the F.I.R. and quantity of ganja recovered from the motorcycle is less than the commercial quantity, I am inclined to grant the privilege of anticipatory bail to the petitioner.

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This application is, accordingly, allowed.

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Let petitioner, abovenamed, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

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Patna High Court CR. MISC. No.62369 of 2024(2) dt.21-10-2024 3/3

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thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Araria in connection with Bardaha PS case no. 29 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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rinkee/-

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U T

Rekha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rekha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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