Ratan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31493 of 2014 Arising Out of PS.Case No. -20 Year- 2014 Thana -BARBIGHA District- SEKHPURA ====================================================== Ratan Pandey, Son of Shri Bhairo Nath Pandey, Resident of villageSamash Bujurg, Post- Samas, Police Station- Barbigha, District- Sheikpura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Barbigha P.S. Case No. 20 of 2014 registered for the offences punishable under Section 20(A)(B) of the Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as NDPS Act), seeks the privilege of pre-arrest bail. Allegedly, from the house of the petitioner, five Ganja plants were recovered.

Submission is that the petitioner does not live in the house. He is in service and is living outside the house and as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that from the house of the

Patna High Court Cr.Misc. No.31493 of 2014 (2) dt.30-01-2015 petitioner, five Ganja plants have been recovered. In the facts and circumstances as stated above, finding it not a fit case to grant the privilege of pre-arrest bail to the petitioner and accordingly, such prayer stands rejected. (Jitendra Mohan Sharma, J.) Vats/- U T