Shiv Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 54617 of 2016 Arising Out of PS.Case No. -104 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shiv Kumar Das, S/o Devnath Das, resident of village - Mishra Gram, PS - Sangrampur, Dist. - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-12-2016 Heard Sri Rajesh Ranjan, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is named as accused with specific accusation in Sangrampur P.S. Case No. 104 of 2016, corresponding to N.D.P.S. Case No. 58 of 2016, registered for offence under Sections 20 & 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner, by way of referring to F.I.R., submits that it was quite impossible for informant to identify the petitioner from such a distance, which has been indicated in the F.I.R. He has not disputed the fact that from a bicycle, which was found near the house of the petitioner, about 22 Kg of Ganja was recovered, whereas, learned Addl. Public

Patna High Court Cr.Misc. No.54617 of 2016 (2) dt.20-12-2016 2/2 Prosecutor, by way of referring to F.I.R. itself, submits that informant had seen the petitioner, who after watching the police party, fled away.

Considering the seriousness of the accusation as well as the fact that petitioner is named as accused in the F.I.R. with specific accusation, there is no reason to entertain the prayer for grant of anticipatory bail.

Dismissed.

(Rakesh Kumar, J.) Anay U T