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2025 DAILYLAW 39746 (JHR)

LAKSHMAN MAHTO v. THE STATE OF JHARKHAND

A.B.A./6679/2025 · 2025-11-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:35323] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6679 of 2025 Lakshman Mahto, Aged about 44 years, C/o- Tejo Mahto, R/o-Cannery Hill Road, Sindur, P.O. & P.S.- Korra, District- Hazaribagh, Jharkhand. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Sankalp Goswami, Advocate. For the State : Mr. Pankaj Kumar, A.P.P. ------ 04/ 26.11.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Korra P.S. Case No. 94 of 2025, registered for the offences under Sections 21(b), 21(c), 22(b), 22(c) and 29 of the NDPS Act, pending in the court of learned District and Sessions Judge-cum-Special Judge, NDPS Act, Hazaribagh. 3. Learned counsel appearing for the petitioner submits that the petitioner happened to be the owner of the vehicle, which was being used by his son and from that vehicle 13.10 gms. Brown Sugar was recovered. He next submits that the petitioner was not named in the FIR, however, after investigation, the chargesheet has been submitted, wherein the name of the petitioner has come. He then submits that the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-16 of the petition. He also submits that even the Brown Sugar is intermediary in quantity. 4. Learned P.P. appearing for the State has opposed the prayer and submits that the matter is arising out of NDPS Act and the vehicle [2025:JHHC:35323] -2- of the petitioner was used in the said crime. 5. It transpires that the petitioner is the owner of the vehicle, from which, 13.10 gms Brown Sugar was recovered and the said vehicle was being used by the son of this petitioner and further the petitioner was not named in the FIR, however, after investigation, the chargesheet has been submitted, wherein the name of the petitioner has come and the petitioner is having no criminal antecedent and disclosure to that effect has been made in para-16 of the petition and the quantity of Brown Sugar is intermediary. 6. There is no doubt in the routine manner, bail orders are not required to pass either in anticipatory bail or in regular bail, however, cases are required to be decided in the facts and circumstance of each case and in accordance with law. 7. In the attending facts and circumstances of the case, I am inclined to provide the privilege of anticipatory bail to the petitioner. 8. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of her 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 District and Sessions Judge-cum- Special Judge, NDPS Act, Hazaribagh, in connection with Korra P.S. Case No. 94 of 2025, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-26.11.2025 Amitesh/-