Janardan Prasad @ Danu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 4011 of 2017 Arising out of P.S. Case No. - 189 Year - 2016 Thana - ASHTHWAN District - NALANDA (BIHARSHARIFF) ====================================================== Janardan Prasad @ Danu, Son of Late Ayodhya Prasad, resident of village Noawan, P.S. Asthanwan, District Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sudhir Kumar, Advocate For the Opposite Party : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 20(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. From the backside of Gosala of this petitioner two big plants of Ganja and one small plant of Ganja was, allegedly, recovered and the total quantity was about 15 Kg. 200 Gram. Submission of the petitioner is that the recovered quantity was not commercial quantity and the petitioner has got no criminal antecedent. Moreover, petitioner had no knowledge of the aforesaid stray grown-up plant.

Considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner in connection

Patna High Court Cr.Misc. No.4011 of 2017 (3) dt.10-03-2017 2/2 with Asthawan Police Station Case No. 189 of 2016 pending in the Court of learned Sessions Judge-cum-Special Judge, Nalanda, Biharsharif. Hence, prayer for bail is refused. However, in the event of surrender of the petitioner, prayer for regular bail shall be considered without being prejudiced of this order.

Kundan (Birendra Kumar, J) U T