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2026 DAILYLAW 10401 (JHR)

KIRAN DEVI v. THE STATE OF JHARKHAND

B.A./11169/2025 · 2026-01-22

Rongon Mukhopadhyay

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Judgment text

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Neutral Citation No. ( 2026:JHHC:1741 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 11169 of 2025 --- Kiran Devi W/o Chulhan Bhuiyan @ Komal Bhuiyan, R/o Village Simratari, PO & PS Gidhour, District Chatra… … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Petitioner : Mr. Tarun Kumar No. 1, Advocate For the Opposite Party : Special P.P. --- 2/22.01.2026 Heard Tarun Kumar No. 1, learned counsel for the petitioner and learned Special P.P. for the State. The petitioner is an accused in connection with Nimiaghat P.S. Case No. 110 of 2018 corresponding to N.D.P.S. Case No. 2 of 2018. It is a case of misuse of privilege of bail. It appears that the petitioner was granted bail in B. A. No. 2562 of 2019 vide order dated 13.11.2019 subject to the condition that the petitioner shall remain physically present on each and every date before the learned trial court till conclusion the of trial. Submission has been advanced by the learned counsel for the petitioner that after being granted bail by this court, the petitioner was regularly appearing physically before the trial court and since on 08.02.2025, the petitioner could not appear and in fact a representation under Section 317 Cr.P.C. was also submitted by the concerned lawyer, but her bail-bond has been cancelled and subsequently, she was apprehended by the police on 13.10.2025. He further submits that the petitioner is ready to give undertaking to be present physically on each and every date before the learned trial court in terms of the direction which was passed earlier while granting bail. Learned Special P. P. for the State opposed the prayer for bail of the petitioner and has submitted that the trial is at its fag end and the final argument is being advanced by the respective counsels. -2- The prosecution case against the petitioner is of recovery of more than 2 kg. of Opium. Despite the order dated 13.11.2019 passed in B.A. No. 2562 of 2019 directing the petitioner to appear on each and every date till the conclusion of trial, she did not appear on 08.02.2025 and merely a representation petition had been filed by her lawyer which led to cancellation of bail. Even it is assumed that she had difficulty to appear physically on 08.02.2025, she could easily have surrendered before the learned trial court, but it appears that the police had apprehended her on 13.10.2025. Moreover, the trial is at its fag end as the case is fixed for final argument. Considering the conduct of the petitioner and the fact that the trial is on the verge of closure, I am not inclined to admit the petitioner on bail and the same is accordingly rejected. (Rongon Mukhopadhyay, J) 22nd January 2026 R. Shekhar Cp 3 Uploaded on 27/01/2026