Raja Mallik @ Raja Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68263 of 2021 Arising Out of PS. Case No.-301 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== RAJA MALLIK @ RAJA MALIK Son of Anjar Mallik Resident of lal Miyan Ki Dargah, P.S.- Phulwarisharif, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 401, 414 of the Indian Penal Code and 20 and 22 of the N.D.P.S. Act.

The prosecution allegation, in short, is that 200 grams ganja is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. 200 grams ganja is said to have been recovered

Patna High Court CR. MISC. No.68263 of 2021(2) dt.21-12-2021 2/2 from the co-accused. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. There is no recovery of any contraband from the possession of the petitioner. The recovered contraband is below the commercial quantity. There is no compliance of Sections 42 and 50 of N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, Patna in connection with Special Case No. 41/2019 (arising out of Phulwarisharif P.S. Case No. 301/2019) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T