Sunita Devi @ Sunita Nayak vs The State Of Bihar on 18 June, 2025

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Patna High Court - Orders

Sunita Devi @ Sunita Nayak vs The State Of Bihar on 18 June, 2025

Bench: Chandra Prakash Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.37925 of 2025
                  Arising Out of PS. Case No.-189 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Sunita Devi @ Sunita Nayak, aged 40 years (Female), W/o Amarnath Nayak,
                 R/o Mohalla- Housing Board Colony, P.S.- Bahadurpur, District- Darbhanga

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Bipin Kumar Deo, Advocate
                 For the Opposite Party :       Mr. Dr. Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

2   18-06-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 189 of 2025 dated 11.04.2025 registered for the offences punishable under Sections 21(b) of the N.D.P.S. Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, on 11.04.2025 at about 5.45 P.M., Dialex DC Syrup 0.7 litres (700 gm) containing Chloropheniramine Maleate (4 mg)+ Codeine (10 mg), Onerex Cough Syrup 0.2 litres (200 gm) containing Chloropheniramine Maleate + Codeine, Anxit 82 Tablets containing Alprozolam (0.5 mg) = 41 mg =0.041 gm, Spasmo Proxyvon Plus= 25 Patna High Court CR. MISC. No.37925 of 2025(2) dt.18-06-2025 2/3 Capsules=9.625 gm containing Dicyclomine (10mg)+ Paracetamol (325mg)+ Tramadol (50mg) and 100 ml liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner is lady. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. She is in custody in this case since 12.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 Sessions Judge-cum-Special Judge, Darbhanga or the court concerned in connection with Bahadurpur P.S. Case No. 189 of 2025 with further condition:-

(I) The petitioner is directed to remain Patna High Court CR. MISC. No.37925 of 2025(2) dt.18-06-2025 3/3 physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./-

U      T

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Patna High Court - Orders