Rahul Singh @ Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50975 of 2018 Arising Out of PS.Case No. -391 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Rahul Singh @ Rahul Kumar Singh, Son of Harishankar Singh, resident of Village- Lauchar, P.S. Barahara, Distirct- Bhjpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Manoj Kumar-I ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Sheosagar (Baddi) P.S.Case No. 391 of 2017 registered for the offences punishable under Sections 8(C), 20(B), 22 and 27(A) of Narcotic Drugs and Psychotropic Substance Act. Allegation as per FIR is of recovery of 5 kg. ganja from Maruti car and petitioner is said to be the owner of the vehicle. Submission of learned counsel for the petitioner is that name of petitioner transpires in the confessional statement of coaccused though allegation is that key of the vehicle is with the petitioner but the same has not been recovered from his possession, rather the same has been recovered from his house. Further submission is that co-accused has been granted privilege

Patna High Court Cr.Misc. No.50975 of 2018 (2) dt.05-09-2018 2/2 of anticipatory bail by a co-ordinate Bench of this Court vide order dated 9.7.2018 passed in Cr.Misc.No. 38135 of 2018. Heard learned APP also, who has opposed the prayer for anticipatory bail stating that the case of the petitioner is not similar to that of co-accused, who has been granted anticipatory bail. Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U