Pradeep Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80929 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- BARAUNI District- Begusarai ====================================================== Pradeep Malakar S/o- Shakaldev Malakar @ Sakaldev Malakar R/vNayagaon Lawagaown Ps- Nayagaon Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner who apprehends arrest in connection with NDPS Case No. 40 of 2025 arising out of Barauni P.S Case No. 110 of 2025 lodged on 13.07.2025, for the offences punishable under sections 8, 20(b), (ii)(B) of the NDPS Act.

3. As per the prosecution, recovery of 1.4 kg of ganja from a gumti allegedly belonging to the petitioner is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the antecedent of the petitioner is clean. Learned counsel contends that the alleged recovery has not been made

Patna High Court CR. MISC. No.80929 of 2025(3) dt.19-03-2026 2/2 from the conscious possession of the petitioner; rather, the petitioner has been made a scapegoat at the hands of the police. It is also submitted that there has been gross violation of the mandatory provisions of Sections 42(2) and 52 of the NDPS Act.

5. Learned APP for the State vehemently opposes the prayer for bail and submits that contraband (ganja) has been recovered from the gumti belonging to the petitioner. It is further submitted that from the allegations levelled in the F.I.R., it appears that the petitioner is indulged in the business of NDPS substances.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with the aforementioned case, pending before the learned Principal Sessions Judge, Begusarai, is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T