Shankar Singh @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23517 of 2019 Arising Out of PS. Case No.-593 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== SHANKAR SINGH @ SHANKAR KUMAR Son of Sri Suresh Prasad Singh Resident of Mohalla- Gur Ki Mandi, Near Pitambara Mandir, P.S.- Alamganj, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

The petitioner apprehends his arrest in Alamganj P.S. case No. 593 of 2018, corresponding to Special Case No. 119 of 2018, registered under Section 20 and 22 of the NDPS Act. The informant received input that Babloo Kumar, Rajeev Kumar and Shankar Kumar had kept Ganja and smack in their house for selling. On such, a raid was conducted. Puriyas of smack and Ganja were recovered besides cash of Rs. 1,86,000/-.

The learned counsel for the petitioner submits that petitioner is brother of Rajeev Kumar in whose presence search and seizure was made. Rajeev Kumar disclosed that his brother used to sell smack and Ganja.

Patna High Court CR. MISC. No.23517 of 2019(2) dt.11-04-2019 2/2 The learned counsel for the petitioner submits that one of the brothers of petitioner, Babloo Kumar, and his mother Sarswati Devi have already been granted anticipatory bail vide order dated 10.01.2019 passed in Cr. Misc. No. 78723 of 2018 by a coordinate bench of this court. The case of the petitioner stands on same footing. The petitioner was not arrested on the spot and no recovery was made in his presence but it appears that besides the facts of recovery of smack and Ganja from the house of petitioner in presence of his brother petitioner has got criminal antecedent and he is accused in as many as six criminal cases.

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

(Prabhat Kumar Jha, J) BKS/- U T