Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 32283 (JHR)

SHIV KUMAR v. THE STATE OF JHARKHAND

A.B.A./5760/2025 · 2025-12-11

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:37245 1 A.B.A. No. 5760 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5760 of 2025 ---- Shiv Kumar, aged about 22 years, son of Dadan Chandravanshi, resident of Village Moresarai, Post Office Moresarai, Police Station Sarai, District Rohtas, Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Ritesh Kumar, Advocate For the State :- Mr. Pankaj Kumar, Advocate ---- 2/11.12.2025 Heard learned counsel for the petitioner and learned counsel for State. 2. The petitioner is apprehending his arrest in connection with T.Tanger PS Case No.38 of 2025, for offence registered under section 20(b)(ii)(c)/22(c)/27 of N.D.P.S. Act, pending in court of learned Sessions Judge Cum Special Judge (NDPS) Simdega. 3. Learned counsel for petitioner submits that petitioner is not named in the FIR and one Sudhir Kumar has taken the name of the petitioner as well as of Vijay Sahu who is owner of the car. He further submits that allegation is made that from the car 126.4 kg ganja was recovered. He also submits that in the case diary nothing has come against the petitioner and nothing has been recovered from the possession of the petitioner and co-accused have been granted anticipatory bail in A.B.A. No. 4791 of 2025 as well as ABA Nos.4791 of 2025 and ABA No.6874 of 2025 and in view of that petitioner may kindly be provided privilege of anticipatory bail. 4. Learned State counsel opposes prayer and submits that name of petitioner has been taken by two persons however he is not disputing the fact that nothing has been recovered from the possession of the petitioner and he also submits that the petitioner is accomplice of said two persons and he was also accompanied them and in view of that prayer for anticipatory bail of the petitioner may kindly be rejected. 5. A counter affidavit has been filed in A.B.A. No. 4791 of 2025 wherein at para 9 it is stated that Sudhir Kumar and Vijay Sahu in their respective confessional statement as recorded in para 55 and 112 of the case diary, by pleading their guilt have stated in support of the prosecution story by accepting their involvement in the alleged occurrence and they have taken name of the 2025:JHHC:37245 2 A.B.A. No. 5760 of 2025 petitioner and allegation of escaping from the car is not against the petitioner and that is against two of the accused persons which is disclosed in the counter affidavit and that was considered in order of anticipatory bail in A.B.A. No. 4791 of 2025 and the petitioner is said to be friend of Dinbandhu Kumar Tiwari @ Rishikesh Tiwari who has been granted anticipatory bail in A.B.A. No. 4791 of 2025 and other coaccused persons have been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to petitioner. 6. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sessions Judge Cum Special Judge (NDPS) Simdega, in connection with T. Tanger PS Case No.38 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 11.12.2025 SI/