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Patna High Court

SHANKAR DASversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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