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2025 DAILYLAW 2426 (JHR)

BHOLA PRASAD ALIAS BHOLA NAYAK v. THE STATE OF JHARKHAND

A.B.A./48/2025 · 2025-01-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 48 of 2025 ------ Bhola Prasad @ Bhola Nayak, aged about 32 years, son of Late Lalu Saw, Resident of Village –Gomia Basti, Near Durga Mandir, P.S. & P.O. Gomia, Bokaro. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vishal Srivastava, Advocate For the State : Mr. Shiv Shankar Kr., Addl. P.P. ------ Order No.02 Dated- 17.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with N.D.P.S. Case No. 11 of 2024 arising out of Gomia P.S. Case No.108 of 2024 registered under sections 274/275/292 of the B.N.S. and Section 20(b) & 32(b) of the N.D.P.S. Act and Section 47(a) of the Excise Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was in possession of 145 grams of Ganja which comes under small quantity and 6.5 liters of foreign liquor. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-12 of the instant anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.5,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bokaro, in connection with N.D.P.S. Case No. 11 of 2024 arising out of Gomia P.S. Case No.108 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-