Anil Kumar Mallik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10308 of 2025 Arising Out of PS. Case No.-840 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Anil Kumar Mallik Son of Late Mahesh Mallik village- Dighi, Police Line, Ps- Hajipur sadar, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 840 of 2024 instituted for the offences under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 10 gram Smack has been recovered in this case.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 06.11.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.10308 of 2025(2) dt.27-02-2025 2/2 The recovered contraband is above the small quantity but below the commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the quantity of seized substance being less than commercial quantity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 840 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T