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2025 DAILYLAW 36458 (JHR)

SHARIF SHEKH @ SAREEF SHEIKH v. THE STATE OF JHARKHAND

A.B.A./6253/2025 · 2025-11-04

Sanjay Kumar Dwivedi

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Judgment text

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2025:JHHC:33075 --1-- A.B.A. No. 6253 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6253 of 2025 ---- Sharif Shekh @ Sareef Sheikh, aged about 55 years, son of Late Budhan Shekh, resident of village – Asta, PO – Budhai, PS – Budhai, District – Deoghar, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Sudhansu Kumar Deo, Advocate For the State :- Mr. Sunil Kumar Dubey, Advocate ---- 03/04.11.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Rikhiya P.S. Case No.231 of 2023, for the alleged offences registered under Sections 21(a) of NDPS Act pending in the Court of learned Session Judge-cum-Special Judge, Deoghar. 3. Learned counsel appearing for the petitioner submits that 2.4 grams brown sugar has been recovered from the possession of co-accused Kundan Kumar and Kundan Kumar has taken the name of the petitioner. He further submits the FIR has been registered on 13.12.2023 and on that day the petitioner was in custody in Budhai P.S. Case No.99 of 2023. To buttress this argument, he refers to the order passed by learned Special Judge, Deoghar contained in Annexure-4 by which the petitioner has been granted regular bail by 2025:JHHC:33075 --2-- A.B.A. No. 6253 of 2025 order dated 19.01.2024 relating to Budhai P.S. Case No.99 of 2023. 4. Learned counsel appearing for the State submits that the name of the petitioner has come on the confessional statement. 5. From the order dated 19.01.2024 by which the petitioner has been granted regular bail in Budhai P.S. Case No.99 of 2023, it transpires that the petitioner was arrested on 13.12.2023 and remanded on 14.12.2023 wherein the present FIR has been lodged on 13.12.2023 and the name of the petitioner has come on the confessional statement. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released 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 learned Session Judge- cum-Special Judge, Deoghar in connection with Rikhiya P.S. Case No.231 of 2023, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 04.11.2025 Sangam/