Patna High Court
Gorakh Mallah @ Gorakh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The court rejected the anticipatory bail application.
Summary
The petitioner, Gorakh Mallah, was implicated in a NDNDPS case for allegedly supplying 22.46 grams of heroin to Harsh Kumar, based on the informant's statement. No heroin was recovered from the petitioner and the quantity involved is below the commercial threshold of 250 grams. The petitioner, who has five prior excise cases, applied for anticipatory bail. The prosecution opposed bail, citing the petitioner’s alleged role in the supply chain and his criminal history. The court, after considering the submissions and the lack of material recovery, rejected the anticipatory bail application, directing that if the petitioner surrenders within four weeks, the matter will be heard promptly.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 8(c), 21(a), 21(b) and 27(a) of the NDPS Act in view of the alleged supply of heroin and his prior criminal record
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(a), 21(b), 27(a), 8(c)
Subjects
- anticipatory bail
- NDPS Act
- heroin
- commercial quantity
- prior criminal record
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66430 of 2025
Arising Out of PS. Case No.-332 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Gorakh Mallah @ Gorakh Kumar Son of Rajendra Chaudhary Resident of
Village - Kajharghat, P.S. - Kudra, District - Kaimur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 21-01-2026 Heard Mrs. Kumari Anupam, learned counsel for the
petitioner and Mr. Ganesh Prasad Singh, learned APP.
2. The petitioner is apprehending arrest in connection
with Kudra P.S. Case No. 332 of 2025 instituted under Sections
8(c), 21(a), 21(b) and 27(a) of the NDPS Act lodged on
24.07.2025 by the informant, Vikash Kumar.
3. As per the prosecution story, the informant alleged
that on secret information that one Harsh Kumar is selling heoin
near Kudra Stadium, the place was raided and Harsh Kumar was
arrested alongwith 22.46 grams of heroin and Rs. 5,800/-. Upon
interrogation, he gave the name of this petitioner from whom
the purchase took place. This led to the FIR.
4. Learned counsel for the petitioner submits that
neither there is any recovery from him nor his name has come in
Patna High Court CR. MISC. No.66430 of 2025(3) dt.21-01-2026
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the list of those who escaped, only later on, it has been recorded
that the purchase was made from him. In any case, the recovery
is below the commercial quantity of 250 grams.
5. Learned APP on the other hand opposes the prayer
submitting that though nothing has been recovered from his
conscious possession, the fact remains that the petitioner has
five criminal cases of excise act under his belt.
6. Considering the submission of the parties as also
the materials on record, though nothing has been recovered from
him, the fact remains that his name has come as a person who
supplied the heroin to Harsh Kumar, this coupled with the fact
that he has five criminal cases, in that background, it would be
appropriate that he seeks bail.
7. The anticipatory application stands rejected.
8. If, however, the petitioner surrenders within four
weeks, the concerned Court shall take up the matter and dispose
it of preferably on the same day.
(Rajiv Roy, J)
Adnan/-
U T
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