Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36103 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Shankar Kumar S/o Suresh Singh, Resident of Mohalla- Gud Ki Mandi, Beldar Tola, Post- Guljarbag, P.S.- Alamganj, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Kumar Mouar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.01.2017 in connection with NDPS Case No. 02 of 2017 arising out of Ara Town P.S. Case No. 15 of 2017 for the offences alleged under Sections 21(b) of the NDPS Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 10 grams of heroin from his possession which is between small and commercial quantity. Similarly situated co-accused Prashant Kumar has been granted bail by this Court in Cr. Misc. No. 26392 of 2017 from whose possession only 8 grams of heroin had been recovered. Co-accused Dilip Paswan has also been granted bail by this Court in Cr. Misc. No. 19898 of 2017 who is said to be dealing in the business of

Patna High Court Cr.Misc. No.36103 of 2017 (3) dt.19-09-2017 heroin.

4. Having regard to the nature of accusations and gravity of the offence alleged, I am not persuaded to take a similar view as in the case of co-accused persons. The bail petition stands dismissed.

5. Petitioner shall be at liberty to renew the prayer for bail after completion of one year in custody. (Vikash Jain, J) Md. Ibrarul/chandran U T