Shiv Bhajan Singh @ Ram Bhajan Prasad Singh @ Sheo Bhajan Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.19610 of 2015 (4) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19610 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -PARSA DistrictSARAN ======================================================

1. SHIV BHAJAN SINGH @ RAM BHAJAN PRASAD SINGH @ SHEO BHAJAN SINGH. Son of Late Deolal Singh.

2. Santosh Kumar. S/o Shiv Bhajan Singh @ Ram Bhajan Prasad Singh @ Sheo Bhajan Singh. Both are resident of Chetan Parsa, P.S.- Parsa, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Singh, Adv. For the Opposite Party/s : Mr. Aditya Narayan Singh - 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2015 Heard both sides.

The petitioners apprehend their arrest in Parsa P.S. Case No. 8/15, registered for the offences punishable under Sections 419, 420 and other Sections of the Indian Penal Code, 8/20(a)(iii), 29 of the NDPS Act and 25(1-b)a and other Sections of the Arms Act.

The police raided the house of the petitioners and recovered 30Kg. Ganja and arms from their house. Sonu Kumar, the son of Petitioner no. 1 was apprehended.

Learned counsel for the petitioner submits that Petitioner no. 1 is father of Sonu Kumar and Petitioner no. 2 is brother of Sonu Kumar. Petitioner no. 1 is a teacher and Petitioner

Patna High Court Cr.Misc. No.19610 of 2015 (4) dt.02-07-2015 no. 2 is working in Electricity Department. There is partition between the father and the son. The Ganja was recovered from the house of Sonu Kumar. Sonu Kumar confessed his guilt but did not disclose the involvement of the petitioners in the aforesaid business of narcotic substance. It is submitted that the petitioners were present on their duty on the date of occurrence. It appears that a huge quantity of Ganja weighing 30 kg. along with arms and ammunitions were recovered from the house of the petitioners. The House was joint one and Petitioner no. 1 is head of the family member.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Rakhi/- U T