Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:14087 ]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3809 of 2025
Vijay Kumar, aged about 42 Years, son of Jagranath Saw, resident of Lamta, P.O. & P.S.- Lawalong, District-Chatra-825103
… Petitioner
Versus
The State of Jharkhand
… opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. A.K.Sahani , Adv. For the State : Mr. Bhola Nath Ojha , Addl.PP.
02 / 09.05.2025
Heard the parties. The petitioner has been made accused in connection with Chouparan P.S. Case No: 0380 of 2024 instituted under Sections 17(c), 18(b), 21(c), 22(c), 23(c) and 29 of the NDPS Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in sale and purchase of opium and 48.184 kg. of opium and cash of Rs. 29,03,180/- and three mobile phones were seized from the possession of the petitioner. It is submitted that the allegation against the petitioner is false and the petitioner was the driver of the vehicle and the charge sheet has been submitted on
31.01.2025. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 17 of the bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be admitted on regular bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that
keeping in view the fact that the opium seized is in commercial quantity; the rigors of Section 37 of the N.D.P.S. Act, 1985 is attracted in this case and in the absence of any material to suggest that the petitioner is not guilty of the allegations and that there is no chance of him being not involved in any offence while on bail, the petitioner ought not be released on bail. It is next submitted that, there is every chance of the petitioner absconding if released on bail. It is lastly submitted that the prayer of the petitioner for bail, be rejected. Considering the serious nature of allegation against the petitioner and recovery of opium in commercial quantity and in the absence of any material to suggest that the petitioner is not guilty of the allegations or that there is no chance of him not committing any offence if admitted to bail; this Court is not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-