Dharmveer Prasad @ Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41692 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== DHARMVEER PRASAD @ DHARMVEER KUMAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 21(c)/29 of NDPS Act, 1985.

Allegedly, the police discovered narcotic substance near Machan in front of the house of one Pappu Prasad. One person was apprehended on the spot and he disclosed the name of the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.41692 of 2022(2) dt.28-11-2022 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. No incriminating articles has been recovered from the physical conscious possession of the petitioners. Petitioners were not arrested at the spot and they have no concern with the alleged occurrence. Their names transpired in the present case only on the basis of confessional statement of the apprehended person. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case.

Having regard to the facts and circumstances of the case and considering the offence, I am not inclined to enlarge the petitioners named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioners is rejected. This instant application is dismissed.

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