Patna High CourtCR. MISC./44981/2016rejected

Rakesh Kumar @ Rakesh @ Rashid v. The State Of Bihar

2017-01-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44981 of 2016 Arising Out of PS.Case No. -673 Year- 2012 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Rakesh Kumar @ Rakesh @ Rashid S/o Shyam Sunder Singh, resident of Village- Tin Kothia, P.S. Mithanpur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is in custody since 13.08.2016 in connection with Muzaffarpur Town P.S. Case No. 673 of 2012 arising out of Town P.S. Case No. 673 of 2012 for the offences punishable under Sections 414, 120B of the Indian Penal Code and Sections 20, 22 of the N.D.P.S. Act and 23 of UPA Act.

3. On Secret information that the accused persons are planning to sell foreign goods and narcotic substance, a raid was conducted. On seeing the police party, the accused persons started to flee away throwing articles and narcotics but one accused was apprehended who disclosed his name as Md. Moti on whose possession 1500 grams of Charas and other foreign

Patna High Court Cr.Misc. No.44981 of 2016 (3) dt.28-01-2017 articles were recovered but the petitioner managed to flee away from there. Subsequently, on the confession of apprehended coaccused Md. Moti the petitioner was arrested.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case.

5. Considering the facts and circumstances of the case, the prayer for bail of the petitioner is hereby rejected. However, the petitioner is granted liberty to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Ranjan/- U