Rajesh Kumar @ Rajesh Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15074 of 2022 Arising Out of PS. Case No.-542 Year-2021 Thana- BUXAR District- Buxar ====================================================== RAJESH KUMAR @ RAJESH PASI S/O KABINDRA PASI @ RAVINDRA PASI R/o Mohalla- Shanti Nagar, Buxar, P.S.- Buxar Town, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in connection with Buxar Town P.S. Case No.542 of 2021, registered for the offence punishable u/s 21, 22, 27 of the N.D.P.S. Act. Allegedly, 137.69 gm Heroine and cash of Rs.4900/- was recovered from some accused persons. On their disclosure, house of one Seema Singh was raided, from where 54 pouch of Heroine and cash was seized. Seema Singh was apprehended on spot and she disclosed the same was given to her by the petitioner and other accused person.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.15074 of 2022(2) dt.14-11-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. His name transpired in this case only on the confessional statement of co-accused Seema Singh, with whom petitioner has inimical terms. Petitioner has no concern with the recovered intoxicant articles. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T