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2025 DAILYLAW 3270 (JHR)

VISHAL KUMAR ALIAS VISHAL KUMAR CHANDRAVANSHI v. THE STATE OF JHARKHAND

B.A./518/2025 · 2025-01-24

Navneet Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 518 of 2025 Vishal Kumar @ Vishal Kumar Chandravanshi, aged about 21 years, S/o Yogendra Chandravanshi, R/o Village- Jond, P.O. & P.S. – Sadar Daltonganj, District- Palamau (Jharkhand) ... … Petitioner Versus The State of Jharkhand … … Opposite Party ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Petitioner : Mr. Anurag Kashyap, Advocate For the State : Mr. Sunil Kr. Dubey, A.P.P. -------- Order No. 02 / Dated 24th January, 2025 Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State. 2. The petitioner is an accused in connection with Sadar P.S. Case No. 107 of 2024 giving rise to N.D.P.S. Case No.28 of 2024, registered under Sections 317(5)/3(5) of B.N.S. 2023 and under Section 21(b)/22(b) of the N.D.P.S. Act, 1985, pending in the Court of Learned Special Judge under N.D.P.S. Act, at Palamau. 3. It is submitted on behalf of the petitioner that the petitioner along with the co-accused persons have been apprehended in the present case. It is alleged that the petitioner-Vishal Kumar @ Vishal Kumar Chandravanshi was travelling in a motorcycle having Engine No.HA1OETEGMO1196 without any number plate and the only allegation against him is that he was in the possession of stolen motorcycle. The recovery of contraband substance i.e. 20 grams Brown Sugar was from the co-accused persons and no contraband has been alleged to have been recovered from the possession of this petitioner and the only allegation against the petitioner is that he was moving with a stolen motorcycle without any number plate. 4. It has further been submitted that the petitioner is having no criminal antecedent as stated in para 12 of bail application. Further it is submitted that the petitioner is in jail since 31.10.2024 and therefore he deserves to be enlarged on bail. 2 B.A. No.518 of 2025 5. On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that although the allegation against the petitioner is that he was in the possession of the stolen motorcycle but he was the accomplice of the accused-persons from whom the alleged contraband of 20 grams Brown Sugar has been recovered and therefore it can be said that he is also involved in the commission of the offence under N.D.P.S. Act along with the stolen motorcycle and therefore he does not deserve to be enlarged on bail. 6. Having heard the parties, perused the records of this case. 7. In light of the persuasive submission advanced on behalf of the petitioner and under the facts and circumstances of this case, it is found just and fair to enlarge the petitioner on bail. Accordingly, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Special Judge under N.D.P.S. Act, at Palamau, in connection with Sadar P.S. Case No. 107 of 2024 giving rise to N.D.P.S. Case No.28 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law. (Navneet Kumar, J.) Basant/S. Das