Anita Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Anita Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (N.D.P.S.), West Champaran Bettiah/concerned court, subject to the condition laid down under Section 480(3) of the B.N.S.S. and conditions: (i) one bailor to be a close relative; (ii) presence on each date fixed by the trial court if required; (iii) bail bond liable to cancellation on absence for three consecutive dates or violation of bail terms.

Issue for consideration

Whether the petitioner, arraigned in Kalibagh P.S. Case No. 02 of 2025 registered for offences under Sections 21(b), 23(b) and 29 of the N.D.P.S. Act, is entitled to be released on bail.

Court's answer

Having regard to the facts and circumstances and submissions of the parties, and considering the petitioner's clean antecedent, her period of custody and submission of charge sheet, the petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (N.D.P.S.), West Champaran Bettiah/concerned court, subject to the condition under Section 480(3) of the B.N.S.S. and further conditions (one bailor a close relative; presence on dates fixed; bail bond cancellable on absence for three consecutive dates or breach of bail terms).

Detailed headnote1 paragraphs

Bail - N.D.P.S. Act (Sections 21(b), 23(b), 29) - alleged recovery of 8.450 grams Smack from petitioner in Kalibagh P.S. Case No. 02 of 2025, West Champaran; counsel contended petitioner falsely implicated, mandatory search-and-seizure provisions violated, and quantity above small but below commercial quantity (submissions, not findings) - petitioner in custody since 03.01.2025, no criminal antecedent, charge sheet submitted - HELD, bail granted: bail bonds of Rs. 10,000 each with two like-amount sureties to the satisfaction of Exclusive Special Judge (N.D.P.S.), West Champaran Bettiah, subject to S. 480(3) B.N.S.S. and further conditions (close-relative bailor; attendance on dates fixed; bond cancellable for three consecutive absences or breach).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27895 of 2025

Arising Out of PS. Case No.-2 Year-2025 Thana- Kalibagh District- West Champaran

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

Anita Devi W/o Raushan John, D/o Rajendra Sah R/o Vill.- Pokhara Chowk, P.S.- Shikarpur, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar Gupta,Adv. For the Opposite Party/s : Mr.Abhay Kumar Roy, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 07-05-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

In the present case, the petitioner seeks bail in connection with Kalibagh P.S. Case No. 02 of 2025, registered for the offences under Sections 21(b), 23(b) and 29 of the N.D.P.S. Act.

As per the prosecution case, recovery of 8.450 gram Smack was made from the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and no recovery has been made from her. There is complete violation of the mandatory provisions of search and seizure. The recovered quantity of contraband is more that the notified small quantity but the same

Patna High Court CR. MISC. No.27895 of 2025(2) dt.07-05-2025 2/3

is much less than commercial quantity. The petitioner is in custody since 03.01.2025 and she has no criminal antecedent.

Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

Having regard to the fact and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioner, her period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (N.D.P.S.), West Champaran Bettiah/concerned court, in connection with Kalibagh P.S. Case No. 02 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three

Patna High Court CR. MISC. No.27895 of 2025(2) dt.07-05-2025 3/3

consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

Anuradha/-

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