Kaushalya Devi @ Koshila Devi Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2024)

Kaushalya Devi @ Koshila Devi Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to petitioner Kaushalya Devi @ Koshila Devi in connection with Bihiya P.S. Case No. 29 of 2024, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Bhojpur at Ara, subject to the condition that the petitioner shall cooperate in the disposal of trial.

Issue for consideration

Whether petitioner Kaushalya Devi @ Koshila Devi, in custody since 08.02.2024 in connection with Bihiya P.S. Case No. 29 of 2024 (offences punishable under Sections 8(C)/21(b)/29 of NDPS Act), should be released on regular bail.

Court's answer

Considering the facts and circumstances, specially that the petitioner is a lady and has a fair and clean antecedent, the court directed that the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Bhojpur at Ara, in connection with Bihiya P.S. Case No. 29 of 2024.

Ratio / Principle

The grant of bail was made subject to the condition that the petitioner shall cooperate in the disposal of the trial and remain available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Nawneet Kumar Pandey), oral order dated 09-09-2024 in Criminal Miscellaneous No. 62440 of 2024, arising out of Bihiya P.S. Case No. 29 of 2024 (District Bhojpur): regular bail granted to petitioner Kaushalya Devi @ Koshila Devi, wife of co-accused Upendra Prasad Tatava, booked under Sections 8(C)/21(b)/29 of NDPS Act. Per the FIR allegation, following secret information the informant's party raided and recovered 103 packets of heroine from co-accused Upendra Prasad, 80 packets from co-accused Virendra Prasad and 75 packets from the petitioner, totalling 68.26 gms of heroine. Counsel submitted the petitioner was innocent, falsely implicated, of clean antecedent, and had no concern with the contraband stored in the house; she was in custody since 08.02.2024. Bail was allowed specially because the petitioner is a lady having a fair and clean antecedent, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Bhojpur at Ara, subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62440 of 2024

Arising Out of PS. Case No.-29 Year-2024 Thana- BIHIA District- Bhojpur

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

KAUSHALYA DEVI @ KOSHILA DEVI WIFE OF UPENDRA PRASAD TATAVA RESIDENT OF VILLAGE - TEGHARA, POLICE STATION - BIHIYA, DISTRICT - BHOJPUR

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Singh For the Opposite Party/s : Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 09-09-2024

Heard learned counsel for the petitioner as well as

learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bihiya P.S. Case No. 29 of 2024, registered for the offences punishable under Sections 8(C)/21(b)/29 of NDPS Act.

As per allegation, on a secret information, the informant along with other police party raided the house of the informant. On search, 103 packets of heroine was recovered from the possession of co-accused Upendra Prasad, 80 packets of heroine was recovered from the possession of co-accused Virendra Prasad and 75 packets of heroine was recovered from the possession of this petitioner. Total 68.26 gms of heroine was

Patna High Court CR. MISC. No.62440 of 2024(2) dt.09-09-2024 2/2

recovered from the possession of accused persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. He has submitted further that the petitioner is wife of accused no. 1 and she has no concern with the alleged contraband stored in the house. The petitioner is under custody since 08.02.2024.

Considering the above-mentioned facts and circumstances, specially the fact that the petitioner is a lady and she has a fair and clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge, Bhojpur at Ara in connection with Bihiya P.S. Case No. 29 of 2024, subject to the following condition:-

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

kundan/-

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