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Patna High Court

Pradeep MalakarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

Petitioner Pradeep Malakar was arrested in connection with an NDNDPS case for alleged possession of 1.4 kg of ganja recovered from a gumti attributed to him. He pleaded innocence, asserted a clean antecedent, and claimed that the recovery was not from his conscious possession, alleging violations of Sections 42(2) and 52 of the NDPS Act. The State argued that the contraband was found in his property and that he was involved in drug trafficking, opposing bail. The court examined the factual matrix and the statutory provisions governing bail in NDPS matters. Finding the prosecution’s case sufficient and noting the seriousness of the alleged offence, the court refused to grant bail, thereby rejecting the petitioner’s application.

Issues considered

  • Whether bail should be granted to the petitioner under the NDPS Act in view of the alleged possession of 1.4 kg of ganja.
  • Whether the mandatory provisions of Sections 42(2) and 52 of the NDPS Act were violated, warranting denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotics
  • Section 42(2)
  • Section 52
  • drug trafficking

Judgment

                      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/v-
                 Nayagaon 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

3   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


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