( 2026:JHHC:13265 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 844 of 2026 Md. Illyas Ansari @ Md. Illiyas aged about 33 years, son of Imtiyaz Ansari, resident of village Kamalwar, P.O. and P.S. Chouparan, District-Hazaribag ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Anil Kumar, Sr. Advocate Ms. Chandana Kumari, Advocate Mr. Prabhat Kr. Singh, Advocate For the State : Mr. Pankaj Kumar, P.P. 02/ 05.05.2026: Heard learned senior counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Charhi P.S. Case No. 103 of 2025, registered under sections 317(5), 3(5) of BNS and under section 15(c), 25, 29 of NDPS Act, pending in the Court of learned Sessions Judge-cum-Spl. Judge, NDPS, Hazaribag. 3. Learned senior counsel for the petitioner submits that petitioner happens to be owner of trailor bearing registration no. JH02AS2906. He further submits that the said trailor was booked to carry iron rod (Saria) from Chaibasa to Amritsar. He next submits that in the meantime in connivance with Munshi of the petitioner, the driver has loaded Doda in the midst of journey at Bundu. He then submits that petitioner was not having any knowledge of carrying doda in the said vehicle and further the petitioner has no criminal antecedent which is disclosed in para 18 of the petition. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that quantity is commercial and petitioner happens to be owner and in view of that liability is fastened upon the petitioner as Munshi of the petitioner ( 2026:JHHC:13265 ) has instructed to load the said doda. He also submits that in the light of provision under section 37 of NDPS Act anticipatory bail of the petitioner may kindly be rejected. 5. Admittedly, the petitioner happens to be owner of the said trailor and it has been pointed out that the said tailor was booked for carrying iron rod (Saria) from Chaibasa to Amritsar and it has been pointed that in the midst of the way at Bundu, doda was loaded and further it has been pointed out that under section 25 of the NDPS provision is made therein with regard to owner, occupier of the premises etc and in the said section, it is crystal clear that knowingly it has been done then punishment can be fastened on the owner or the owner of the premises or his conveyance. 6. In view of above, prima facie it appears that petitioner was not having knowledge of carrying the said doda as the tailor of the petitioner was booked for carrying iron rod (Saria) from Chaibasa to Amritsar. 7. Admittedly, the petitioner was not sat in the said vehicle and in the case of Bishwajit Dey v. State of Assam reported in (2025) 3 SCC 241, Hon’ble Supreme Court with regard to the seized vehicle arising out of the NDPS case has stipulated four conditions in what circumstances the vehicle can be released. In two of the circumstances analyzed by Hon’ble Supreme Court in the said judgment it has been held that the vehicle can’t be released, however, in two of the another situation wherein the owner is not on the vehicle and it is being used by another person the vehicle can be said to be released. It has also been clarified in that judgment that however in the facts and circumstances of each case the case is required to be decided that cannot be a sole parameter of releasing of the vehicle. Admittedly, in the case in hand the petitioner was not on the spot and he is ( 2026:JHHC:13265 ) said to be the owner of the said vehicle and driver and other persons have taken the name of the petitioner and the petitioner has got no criminal antecedent as disclosed in paragraph No.18 of the petition, I am inclined to provide anticipatory bail to the petitioner. 8. 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 Sessions Judge-cum-Spl. Judge, NDPS, Hazaribag in connection with Charhi P.S. Case No. 103 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. Dt.05.05.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-