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2025 DAILYLAW 3656 (JHR)

SATISH KUMAR PRASAD ALIAS SATISH PRASAD v. THE STATE OF JHARKHAND

B.A./755/2025 · 2025-02-07

Navneet Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 755 of 2025 Satish Kumar Prasad @ Satish Prasad aged about 42 years Son of- Damodar Sahu resident of village- Jairagi P.O.- Jairagi & P.S.- Dumri, District- Gumla. --- --- Petitioner Versus The State of Jharkhand --- --- Opposite Party ….... CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Rajesh Kumar Singh, Advocate For the State : Mr. Naveen Kumar Ganjhu, A.P.P. 02/07.02.2025 Heard learned counsel for the petitioner and the learned A.P.P. representing the State. 2. Petitioner is an accused in connection Dumri P.S. Case No. 23 of 2024 for the offence registered under Section 20(b)(ii) and 22 of the N.D.P.S. Act, pending in the court of learned Sessions Judge, Gumla. 3. It is submitted on behalf of the petitioner that the gist of allegation as narrated in the F.I.R is that 3.58 Kg of ‘ganja’ is said to have been recovered from the conscious possession of the petitioner. It is submitted that petitioner is in custody since 27.10.2024 and there is no criminal history against him, as has been stated in paragraph 12 of the bail application. 4. Further, it has been pointed out that after the seizure of the contraband (’ganja’) weighing 3.58 kg, the mandatory compliance under Section 52A(3) of the NDPS Act has not been done. 5. It has further been pointed out that charge-sheet in this case has been submitted and therefore, possibility of tampering evidence is very remote. It has further been pointed out that the quantity, which is said to have been recovered is of intermediary quantity i.e., between smaller and commercial quantity and, therefore, this petitioner deserves to be enlarged on bail. 6. On the other hand, learned A.P.P. appearing on behalf of the State has opposed the contentions raised by the petitioner and submitted that huge quantity of ‘ganja’ has been recovered from the possession of the petitioner and, therefore, he does not deserve to be 2 enlarged on bail. However, he did not controvert the fact that petitioner has no criminal history and the fact that charge-sheet in this case has been submitted. 6. Having heard the parties, perused the record of the case. 7. In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail. 8. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gumla in connection with Dumri P.S. Case No. 23 of 2024, subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on each and every date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail as per the provision of law. (Navneet Kumar, J.) A.Mohanty