Shailendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45625 of 2018 ======================================================

1. Shailendra Singh. Son of Ram Lalit Singh, resident of Village- Bahuara, Post office- Sonagopalpur, Police Station- Gaurichak, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2016 Heard the parties. The petitioner seeks anticipatory bail in connection with Special Case No. 40/2018 arising out of Rupaspur P.S.Case No. 162 of 2018, registered for offences punishable under Sections 22 of the N.D.P.S.Act and Sections 395, 397 and 412 of the Indian Penal Code and 25 (1-b)a, 26 and 35 of the Arms Act. As per F.I.R., allegation against the petitioner is of recovery of fifteen grams smack from the possession of the petitioner.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the smack has been recovered from the possession of the co-accused person.

Patna High Court Cr.Misc. No.45625 of 2018 (3) dt.02-08-2016 2/2 Heard learned A.P.P., who opposes the prayer for bail. In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T