Patna High Court
SHANKAR DASversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied bail to the petitioner, finding sufficient grounds to suspect his involvement.
Summary
Shankar Das, a resident of Khagaria, was arrested after a police raid on his house where 25.605 kg of ganja was seized. The informant, father of Abhishek, alleged that Abhishek was dealing narcotics and that the petitioner fled when police arrived. The petitioner claimed he had no knowledge of his son’s activities and was falsely implicated. The State argued that the petitioner’s flight indicated his involvement and that a commercial quantity of ganja could not have escaped his notice. The court examined the FIR and the circumstances of the petitioner’s flight and concluded that there was sufficient suspicion to deny bail. Consequently, the petitioner's bail application was rejected.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged flight from the scene
- Whether the petitioner was falsely implicated in the narcotics offence
Subjects
- bail
- narcotics
- false implication
- criminal procedure
- flight from police
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3408 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
SHANKAR DAS Son of Late Ramdeo Das Resident of Village - Naya Tola
Kolwara, P.S.- Parbatta (Maraiya O.P.), District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Singh
For the Opposite Party/s : Mr. Ravindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
counsel, Mr. Ravindra Kumar, for the State.
2. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is in custody since
11.11.2025 and the informant alleges that he received an
information that Abhishek was dealing in Ganja and accordingly his
house was raided and on seeing the police force, two accused fled
and mother of Abhishek, namely, Sita Devi was arrested and from
the house, 25.605 kg. of Ganja was recovered.
3. Learned counsel appearing on behalf of the petitioner
submits that petitioner has been falsely implicated in the instant
case by the informant being father of Abhishek, it is next submitted
that from perusal of the allegation as alleged in the F.I.R., it would
manifest that informant had specific information that Abhishek had
concealed Ganja in his house, it is submitted that the F.I.R. does not
Patna High Court CR. MISC. No.3408 of 2026(2) dt.10-04-2026
2/2
even remotely suggest about the involvement of the petitioner. As
Such thrust of the allegation is against Abhishek, it is also submitted
that petitioner was completely unaware that his son Abhishek was
dealing in Narcotics.
4. Mr. Ravindra Kumar, learned counsel for the A.P.P.
vehemently opposes the regular bail application and submits that if
the F.I.R. is perused carefully, it would manifest that the informant
alleges that on seeing the police force, two accused fled, it is also
submitted that mother of Abhishek was found present in the house,
as such she was arrested but then the petitioner also fled from the
place of occurrence, it is next submitted had the petitioner not been
involved in the instant case then he would not have fled from his
house on seeing the force, it is also submitted that it does not appear
probable that commercial quantity of Ganja kept in the house would
not have come to the notice of the petitioner,
5. Considering the submission by learned A.P.P., the
Court is not inclined to grant bail to the petitioner. Therefore, the
prayer for bail of this petitioner is rejected.
(Satyavrat Verma, J)
sanjeev/-
U T
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