Sawan Das @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86245 of 2024 Arising Out of PS. Case No.-1191 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Sawan Das @ Pankaj Kumar S/O Late Surendra Das @ Late Suresh Das Resident of Village- Tatma Toli, Shankar Chowk, P.S.- K. Hat (Sahayak), Distt- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with K. Hat (Sahayak) P.S. Case No. 1191 of 2023 dated 20.10.2023, instituted for the offence punishable under Sections 8(c), 21(b) of N.D.P.S. Act of the Indian Penal Code.
3. Earlier, the anticipatory bail application of the petitioner was rejected vide order dated 15.05.2024 passed by this Court in Criminal Miscellaneous No. 29400 of 2024 with an observation that if the petitioner surrenders before the learned court below within four weeks and prays for regular bail, the same shall be considered and disposed of preferably, on the same day, on its own merit without being prejudiced by this
Patna High Court CR. MISC. No.86245 of 2024(2) dt.10-01-2025 2/3 order. Thereafter, petitioner surrendered before the concerned court on 09.08.2024 and since then he is in judicial custody.
4. The allegation is of recovery of 72 grams of smack (Brown Sugar) from the ancestral house of the petitioner.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner has been made accused in this case on the basis of confessional statement of coaccused Md. Shadab @ Mannu. It is further submitted that the said house is dwelling house of the petitioner where other family members of petitioner also reside. Petitioner has no concern with the alleged recovered smack. It is next submitted that informant has violated the provision of Section 50 of the NDPS Act. Till dated no F.S.L. report has come on record. Lastly, it has been submitted that the petitioner is in jail since 09.08.2024 and he has one criminal case against him for the offences under Section 8(c), 21(c) of NDPS Act and Section 78 of J.J. Act.
6. Learned A.P.P. has opposed the prayer for bail of the petitioner.
7. Having considered the facts and circumstances of the case and the fact that the alleged recovery of 72 grams
Patna High Court CR. MISC. No.86245 of 2024(2) dt.10-01-2025 3/3 smack (Brown) is from the house of the petitioner and he has one criminal antecedent of similar nature, I am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the anticipatory bail application of the petitioner stands rejected.
(Khatim Reza, J) Sankalp/- U T