Suman Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49604 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Suman Mallik, Son of Sri Mintu Mallick, resident of South Kashipur, Khayerpur, P.O.- Reshambagan, West Tripura, P.S.- Bodh Jungnagar, District- West Tripura, Pin- 797008.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Special Case No. 07 of 2017 (NDPS P.S. Case No. 7/17) arising out of Bachhwara P.S. Case No. 44 of 2017 instituted for the offence under Sections 8,20(C) and 25 of NDPS Act.

Learned counsel for the petitioner has submitted that he has clean antecedent. There is no recovery of any Ganja from possession of this petitioner. In the written report, it is alleged that one truck was intercepted by the police and total 46 packets each containing 25 kg were recovered and in each packet articles was found like Ganja. From the truck some papers were recovered and the name of truck owner was mentioned as Sarita Singh and the name of another purchaser as Suman Mallik (petitioner). The driver of the truck told that the packets of Ganja were received

Patna High Court Cr.Misc. No.49604 of 2017 (4) dt.08-01-2018 2/2 from Laxman Das @ Lakhan Das and it was going to be delivered to Vijay Rai and his partner Manoj Rai and the work of liner was done by Virendra Rai who met with the driver at Toll Plaza. The seizure list was prepared.

The seizure list along with one agreement entered into between petitioner and Uttam Rai have been enclosed with the written report. It is mentioned in the aforesaid agreement that petitioner is registered owner of the truck. The agreement has been executed on 17.03.2017.

In such circumstances, prayer for anticipatory bail of the petitioner is rejected. The petitioner is directed to surrender in the court below and seek regular bail which will be considered by the court below and disposed off in accordance with law preferably on the same day, without being prejudiced by this order of the Court.

(Sanjay Priya, J) khushbu/- U T