Pappu Singh @ Chandra Bhushan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59182 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- BIKRAM District- Patna ====================================================== PAPPU SINGH @ CHANDRA BHUSHAN SHARMA Son of Sri Ramji Singh R/o vill - Khoraitha, P.S. - Bikram, Distt. - Patna .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bikram P.S. Case No. 253 of 2023 registered for the offence punishable under Section-8© and 21(b) of the NDPS Act.

3. Prosecution case, in short, is that on the tip off, while the informant along with other police personnel reached at the place of occurrence, seeing the police party, one person successfully fled away. The people of the vicinity disclosed the name of that person as Pappu Singh (petitioner). Further allegation is that on search of petitioner's house, one small plastic packet containing 9.880 grams of smack as also cash of Rs. 3,10,000/- was recovered.

4. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.59182 of 2023(3) dt.29-02-2024 2/2 that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from conscious possession of the petitioner and, the quantity of recovered smack was though more than small quantity but the same was much less than commercial quantity.

5. On the other hand, Shri Jayant Thakur, learned Additional Public Prosecutor has opposed the prayer for anticipatory bail and submitted that smack was not only recovered from house of the petitioner but the same was recovered from his room, keeping below his bed. He also submitted that the petitioner has got criminal antecedents of similar nature of cases, to which, learned counsel for the petitioner has submitted that in Bikram P.S. Case No 261 of 2006, final form was submitted against the petitioner..

6. Considering the above-mentioned facts and circumstances of the case as also the fact that smack was recovered from the room of the petitioner, the prayer for anticipatory bail of the petitioner is rejected. (Nawneet Kumar Pandey, J) A.K.V.//- U