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2025 DAILYLAW 33184 (JHR)

KUMAR PASWAN ALIAS BUDHUWA v. STATE OF JHARKHAND

A.B.A./5135/2025 · 2025-10-14

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:31720 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 5135 of 2025 Kumar Paswan @ Budhuwa, aged about 63 years son of late Kanhai Ram, resident of village and P.O. Balubhang, P.S. Bariyatu, District-Latehar ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Ashok Kr. Singh, Advocate For the State : Mr. Pankaj Kumar, Spl.P.P. 05/ 14.10.2025: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Bariyatu P.S. Case No. 26/2025, registered under sections 111(4) of BNS and section 18(b), 22, 25, 29 of the Narcotic Drugs and Psychotropic Substance Act, pending in the Court of learned Sessions Judge-cum-Spl. Judge, N.D.P.S., Latehar. 3. Learned counsel for the petitioner submits that petitioner is nothing to do with the allegation made to the effect that 81.95 kg of doda was kept in the agricultural field of the petitioner that too near the forest area. He further submits that petitioner is aged about 63 years and he has got no criminal antecedent which is disclosed in para 8 of the petition. He then submits that in the confessional statement of the co-accused the name of the petitioner has come. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that name of the petitioner has come in the confessional statement of the apprehended co-accused and even the land belongs to the petitioner as per confessional statement of the co-accused. 5. It has come in the order of the learned Sessions Judge that ( 2025:JHHC:31720 ) petitioner has got no criminal antecedent and in the case diary and counter- affidavit that criminal antecedent aspect has also not been dealt with. Only allegation is made that 81.95 kg of doda was kept in the agricultural field of the petitioner however, the land of the petitioner is being denied in course of argument by the learned counsel for the petitioner. The petitioner is aged about 63 years and his name has come in the confessional statement of the co-accused. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Sessions Judge-cum-Spl. Judge, N.D.P.S., Latehar, in connection with Bariyatu P.S. Case No. 26/2025, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.14.10.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-