Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 903 of 2025
Arman Ansari, aged about 28 years, Son of Md. Karim Ansari, resident of Village- Ambua, P.O., P.S. & District- Gumla (Jharkhand).
.... Petitioner
Versus The State of Jharkhand
….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-------- For the Petitioner : Mrs. Sunita Kumari, Advocate. For the State
: Mrs. Priya Shrestha, Spl.P.P.
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Order No. 02/Dated: 31st January, 2025
Heard learned counsel for the parties.
2. The petitioner has been made an accused in connection with Gumla P.S. Case No. 222 of 2023, Corresponding to N.D.P.S. Case No. 21 of 2023, registered for the offences punishable under Sections 27(b)(ii) of the Drugs & Cosmetics Act and Section 22(b) and Section 29 of the N.D.P.S. Act., pending in the Court of learned Additional Sessions Judge-II-Cum- Special Judge (NDPS), Gumla.
3. As per FIR, allegation is that on 06.07.2023, the petitioner along with co-accused person was apprehended with 20 bottles of Onrex Cough Syrup (2 Kg Codeine Phosphate) and 57 tablets of Nitzra-10 (Psychotropic Substance Nitrazepam Preparation- 35.91gm) without any valid documents.
4.
Learned counsel for the petitioner has submitted that the earlier bail application of present petitioner was rejected on merits vide order dated 18.07.2024 passed in B.A. No. 2781 of 2024. At present, the main accused has been granted bail by the Co-ordinate Bench of this court, vide
order dated 17.10.2024 passed in B.A. No. 5811 of 2024. The petitioner is languishing in Judicial Custody since 21.07.2023 without rhymes and reasons. Petitioner is named in the FIR, but the alleged recovery made from the possession of the bag of co-accused (main accused Talim Ansari). Petitioner is a poor villager and has three daughters. Anyhow, he is surviving along with family. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and
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shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be extended the privilege of bail.
5. On the other hand, learned counsel appearing for the State opposed the prayer of bail of the petitioner.
6. Regard being had to the facts and circumstances of the case, nature of allegation coupled with the materials available against the petitioner, I am inclined to release the petitioner on bail. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge-II-Cum- Special Judge (NDPS), Gumla in connection with Gumla P.S. Case No. 222 of 2023, Corresponding to N.D.P.S. Case No. 21 of 2023, subject to the conditions:- (1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court. (2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial. (3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.
7. In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.
(Pradeep Kumar Srivastava, J.)
Simran/