IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 261 of 2025 --------- Jitendra Giri ... … Petitioner Versus The Union of India through the Narcotics Control Bureau Sub-Zone Ranchi ... … Opposite Party --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --------- For the Petitioner : Mr. Rishu Ranjan, Advocate For the Opp. Party : Mr. Anil Kumar, ASGI Ms. Chandana Kumari, AC to ASGI Mr. Kumar Swapnil, AC to ASGI --------- 04/20.01.2025 Heard Mr. Rishu Ranjan, learned counsel for the petitioner and Mr. Anil Kumar, learned ASGI for the opposite parties. The petitioner was earlier granted bail in B.A. No. 6238 of 2021 on 26.07.2021. Against the order granting bail Narcotics Control Bureau (Union of India) had moved the Hon’ble Supreme Court and vide order dated 19.04.2022 the appeal was allowed and the petitioner was directed to surrender within a period of seven days. It has been submitted by Mr. Rishu Ranjan, learned counsel for the petitioner that one of the co-accused similarly situated has been granted bail on considering the period of incarceration in B.A. No. 11956 of 2023. It has further been submitted that the petitioner was in custody since 05.10.2020 till 26.07.2021 and after the order of this Court was set aside by the Hon’ble Supreme Court the petitioner has surrendered on 04.07.2022 and from then he is in custody which would in effect mean that the petitioner is in custody for about three years. Mr. Anil Kumar, learned ASGI for the opposite party has opposed the prayer for bail of the petitioner. In the case of “Rabi Prakash versus State of Odisha” reported in 2023 SCC OnLine SC 1109, it has been held as follows: “4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent – State has been duly heard. Thus, the 1st condition stands complied with. So far as the 2nd condition re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty, the same may not be formed at this stage when he has already spent more than three and a half years in custody. The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37 (1)(b)(ii) of the NDPS Act.” The petitioner as would appear has completed more than three years in custody and on consideration of the period of custody one of the co-accused has been granted bail by this Court in B.A. No. 11956 of 2023. Regard being had to the above, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Judicial Commissioner-cum-Spl. Judge NDPS, Ranchi in connection with NCB Crime No. 11/NCB/RANCHI/2020, corresponding to NDPS Case No. 37 of 2020, subject to the condition that the petitioner shall remain physically present before the learned trial court on each and every date till the conclusion of the trial. (Rongon Mukhopadhyay, J.) A. Sanga/- -2-