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2025 DAILYLAW 25375 (JHR)

MD. KHURSHID v. STATE OF JHARKHAND

B.A./8632/2025 · 2025-09-25

Deepak Roshan

body2025

Judgment text

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2025:JHHC:30004 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8632 of 2025 --------- Md. Khurshid, s/o. Nabi Miyan, aged about 53 years, r/o. village Lapur Kakargarh, P.O. Kakargarh, P.S. Kur, District Lohardaga. ....Petitioner Versus The State of Jharkhand ....Opp. Party CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opp. Party : Mr. Bhola Nath Ojha, APP --------- 02/25.09.2025 Heard learned counsels for the parties. 2. The instant bail application has been preferred by the petitioner for grant of regular bail for the offences registered under Sections 20(b)(ii)(c), 29 of the NDPS Act. 3. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence as alleged in the FIR and has been falsely implicated in this case. There is no any independent witness in the seizure list despite the fact that the raid was conducted near a line hotel which creates the whole prosecution case doubtful. Learned counsel further submits that the recovery of contraband is not from the conscious possession of the petitioner; rather, from the dicky of the motorcycle and that’s too when the petitioner was not boarded on the motorcycle. He further submits that petitioner is languishing in custody since 13.07.2025; as such, the petitioner may be enlarged on bail. He is ready to abide by every condition imposed by this court. 4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner. 5. Having regard to the facts of the case that it is just above the limit of small quantity and no independent witness is there to implicate the petitioner in the said recovery; I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Principal District and Session Judge-cum-Special Judge, Lohardaga in connection with Kuru P.S. Case No. 78/2025. 2025:JHHC:30004 2 6. It is made clear that the petitioner shall appear on each and every date before the learned trial court and if any adverse report will come against this petitioner, learned trial court shall be at liberty to cancel the bail of this petitioner. (Deepak Roshan, J.) 25th September, 2025 kunal/-