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2025 DAILYLAW 35196 (JHR)

SONI KUMARI v. THE STATE OF JHARKHAND

A.B.A./5887/2024 · 2025-05-01

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:13193 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5887 of 2024 ------ Soni Kumari, W/o Binod Paswan, R/o Jhapa, P.O. Dadpur, P.S. Chouparan, District Hazaribagh, Jharkhand. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Amit Kumar, Advocate. For the State : Mr. Bhola Nath Ojha, Spl. P.P. ----- 06/ 01.05.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 20(a), 22(b) and 29 of the NDPS Act. 3. The petitioner is a lady aged about 33 years. It is alleged that the police got an information that in a vehicle some contraband materials were being transported. The police went on search when the vehicle was intercepted but the occupant of the vehicle fled away. From the vehicle, 950 gram of ganja was recovered. 4. Learned Spl. P.P. representing the State admits that there is nothing to suggest that a lady fled from the place of occurrence. On query, he further submits that the name of the petitioner has transpired during investigation as the registered owner of the vehicle stated that by virtue of an agreement, the vehicle was sold to this lady. 5. The law does not recognize sale of a vehicle by an agreement unless it is backed by change in the registration in terms 2025:JHHC:13193 2 of the Motor Vehicles Act. Admittedly, the vehicle is not registered in the name of this petitioner. 6. Further, from the argument of learned Spl. A.P.P., it is clear that no lady was found fleeing from the place of occurrence, when the vehicle was intercepted, which suggests that this petitioner was not present at the place of occurrence. 7. Considering the aforesaid fact and the fact that the petitioner is a lady, I am inclined to enlarge the petitioner on anticipatory bail. 8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of her surrender or arrest, she shall be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Principal Sessions Judge at Hazaribagh, in connection with Chouparan P.S. Case No.27 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Prashant. Cp-3