Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49568 of 2016 Arising Out of PS.Case No. -172 Year- 2016 Thana -DULHIN BAZAR District- PATNA ====================================================== Ajay Prasad, son of Late Dowarika Prasad resident of village Goariya Asthan P.S. Paliganj District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-12-2016 Heard Sri Satish Chandra, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in Dulhin Bazar P.S. Case No. 172 of 2016 registered for the offence under Section 20/22 of the Narcotic Drugs And Psychotropic Substances Act, 1985 has prayed for grant of bail in the event of arrest or surrender.

It was submitted by learned counsel for the petitioner that it is true that petitioner has been named as accused in the F.I.R. but his name has come on the confession of one of the coaccused from whose possession only about 100 grams of Ganja was recovered and on this disclosure a search was conducted in the house of the petitioner however nothing was recovered from conscious possession of the petitioner but from possession of the

Patna High Court Cr.Misc. No.49568 of 2016 (2) dt.19-12-2016 2/2 wife of the petitioner about 1⁄2 kilogram of Ganja was recovered. It was alleged that petitioner after noticing the police party fled away.

However, after some argument Sri Satish Chandra, learned counsel for the petitioner, in presence of learned Additional Public Prosecutor makes a prayer for disposal of the present petition so that , petitioner may appear before the court below and makes a prayer for regular bail.

The prayer is allowed.

The petition stands disposed of with observation that if within a period of six weeks from today petitioner appears before the court below and makes a prayer for regular bail , the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the same day.

It is made clear that this court has not recorded any opinion on the merit of the case.

(Rakesh Kumar, J) Praful/- U T