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2025 DAILYLAW 34080 (JHR)

HARENDRA CHOUDHARY ALIAS BULLET v. THE STATE OF JHARKHAND

B.A./8119/2025 · 2025-10-10

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:31546 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8119 of 2025 ------ Harendra Choudhary @ Bullet, S/o Parama Choudhary, aged 31 years, R/o Machhaha, P.O. & P.S. –Bhitha, District – Paschimi Champaran, Bihar. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Yogesh Modi, Advocate For the State : Mrs. Priya Shrestha, Spl. P.P. (Through V.C.) ------ Order No.02 Dated- 10.10.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with NDPS P.S. Case No.29 of 2025 (Original NDPS Case No. 77 of 2024 now renumbered after separated from original record) arising out of Hatia (Rail) P.S. Case No. 2 of 2024 registered for the offences punishable under sections 20(b)(ii)(c)/29 of the NDPS Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons used to indulge in the business of illegally purchasing, transporting and selling Ganja and Ganja of commercial quantity of 29 Kg was recovered from the co-accused persons. It is further submitted that the allegations against the petitioner are all false and the petitioner has been implicated in this case on the basis of the confession of the co-accused persons. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para –11 of the bail application. It is next submitted that the petitioner has voluntarily surrendered and since 06.01.2025, he has been in custody, as has been mentioned in paragraph no. 12 of the bail application. Hence, it is submitted that the petitioner be admitted to bail. The learned Spl. P.P. on the other hand vehemently opposes the prayer for bail and submits that keeping in view the allegation against the petitioner of being accused of an offence involving Narcotic Drugs and Psychotropic Substances of commercial quantity, the rigors of Section 37 of the Narcotics Drugs and Psychotropic Substances Act is attracted in this case. Hence, in the absence of any material to suggest that there are reasons for believing that the petitioner is not guilty of the offence and that he is not likely to commit any offence while on bail, the petitioner ought not to be admitted to bail. It is next submitted that keeping in view the racket run by the petitioner of Narcotic Drugs, there is every chance of the petitioner absconding and tampering with evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be admitted to bail. Considering the serious nature of allegation against the petitioner of being accused of an offence involving Narcotic Drugs and Psychotropic Substances of commercial quantity and in the absence of any material to be satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offence and that he is not likely to commit any offence while on bail, as well as the chance of the petitioner absconding and tampering with evidence if released on bail, this Court is not inclined to admit the petitioner on bail at this stage. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) 10.10.2025 Sonu/Gunjan-