Anticipatory bail applications are not maintainable if the offence is bailable.

ORDER

28.07.2025

1. Heard Mr. S.C. Biswas, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023 has been filed by the petitioner, namely, Sumar Ali, who is apprehending his arrest in connection with Manikpur P.S. Case No.

70/2025, under Section 21(a) of the NDPS Act , 1985.

3. The learned counsel for the petitioner has submitted that the petitioner was found in possession of suspected heroin weighing about

2:17 gms which is a small quantity of contraband.

4. On the other hand, the learned Additional Public Prosecutor submits that the offence under Section 21(a) of the NDPS Act , is bailable and this Court has already held so in its order dated 03.01.2025, passed in AB Case No. 3029/2024 ( Bilal Hussain Vs. The State of Assam ).

5. Considering the submissions made by the learned Additional Public Prosecutor as well as considering the fact that the contraband seized in this case is of small quantity and hence, which is bailable as held by this Court in the aforesaid case, this Court is of the considered opinion that an application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023 is not maintainable as the petitioner has a right to get bail in the event if he is arrested in connection with the above mentioned case.

6. With the above observations, this anticipatory bail application is disposed of.