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2025 DAILYLAW 17430 (JHR)

DHANANJAY MAHTO v. THE STATE OF JHARKHAND

A.B.A./3963/2025 · 2025-07-29

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20821 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3963 of 2025 Dhananjay Mahto, S/o Late Aklu Mahto, R/o Village- Saher, P.O. Piska Nagri, P.S. Nagri, District- Ranchi, Jharkhand .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ravi Prakash, Advocate Mr. Shiv Kumar Sharma, Advocate For the State : Mr. Bhola Nath Ojha, AddI. P.P. …...... 05/ 29.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This is an application filed by the petitioner praying for grant of anticipatory bail in terms of under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Section 414 of IPC and Sections 17(c), 18(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Learned counsel for the petitioner submits that there is no FSL report to suggest that the material is opium or not. He further submits that admittedly the petitioner was not arrested from the spot. Petitioner was not present at the spot nor the driver of the petitioner was arrested at the spot. 4. From the F.I.R. and the impugned order, I find that there is allegation that from the vehicle of this petitioner 1kg of opium was recovered. The vehicle admittedly belongs to the petitioner, thus, in my view this is not a fit case for grant of anticipatory bail to the petitioner as this case needs investigation in presence of the petitioner. 5. Accordingly, the prayer for anticipatory bail of the petitioner in connection with Katkamsandi P.S. Case No.356 of 2023, pending in the Court of learned Special Judge, NDPS Act, Hazaribagh, stands rejected. (ANANDA SEN, J.) R.S./