BRIJESH KHARWAR @ BIKKI KHARWAR @ VICKY KHARWAR v. STATE OF JHARKHAND
B.A./3907/2026 · 2026-05-14
Pradeep Kumar Srivastava
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13419 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13419 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:14781
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3907 of 2026
Brijesh Kharwar @ Bikki Kharwar @ Vicky Kharwar, Age- 38 years S/o- Gulab Kharwar, R/o- Vill- Sundar Nagar, Janta Talkies, Bhurkunda, P.O + P.S- Patratu (Bhurkunda) Dist-Ramgarh
… Petitioner
Versus
The State of Jharkhand
… Opposite Party
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Rahul Pandey, Adv. For the State
: Mr. Bhola Nath Ojha, Spl. P.P.
Order No.02/Dated- 14.05.2026
1. Heard learned counsel for the parties.
2. The petitioner has been made an accused in connection with N.D.P.S. Case No. 10 of 2023 arising out of Patratu (Bhurkunda) P.S. Case No. 176 of 2023 registered for the offences under Sections 20(b)(ii) and 22 of the N.D.P.S. Act, whereas charge-sheet has been submitted under Section 20(ii)(C) of the N.D.P.S. Act, pending in the Court of learned Sessions Judge, Ramgarh.
3. As per FIR, it is alleged that on 26.09.2023 at about 05:15 A.M., informant received secret information about persons involved in the sale and purchase of Ganja in Sundar Nagar. A raiding team was formed and by 06:15 a.m., reached petitioner’s house where they recovered 50 Kg of Ganja. Petitioner along with Ranjit Yadav, Rajkumar Yadav and Subodh Ray were implicated. Further raids led to the recovery of 65 kg of Ganja from Ranjit Yadav’s house and all suspects were apprehended.
4.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner is in custody since 26.09.2023. Earlier bail
2026:JHHC:14781
application of the petitioner has been rejected twice on merits and third regular bail application was dismissed as not pressed. It is further submitted that in second bail application vide B.A. No. 2258 of 2025 dated 29.01.2026, an observation was made to conclude the trial preferably within a period of three months on a report submitted by concerned Trial Court that two important witnesses including Investigating Officer has to be examined. It is submitted that up till now, Investigating Officer has not been examined in this case and petitioner is languishing in jail near about two and half years. Petitioner undertakes to cooperate in the trial of the case and remain present during trial and abide by all terms and conditions which may be imposed. Hence, the petitioner may be enlarged on bail. 5. On the other hand, learned A.P.P. appearing for the State has opposed the prayer for regular bail of the petitioner. 6. It appears that petitioner has been facing trial for commission of offence under Sections 20(ii)(C) of the N.D.P.S. Act. It is alleged that 65 kg of ganja was recovered from the house of the petitioner. Petitioner has no criminal antecedent and is in custody since more than two and half years but trial is going on in slow motion. 7. In view of above, I am inclined to admit the petitioner on bail. Therefore, the prayer for bail of the petitioner is allowed and the petitioner is directed to 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, Ramgarh in connection with N.D.P.S. Case No. 10 of 2023 arising out of Patratu (Bhurkunda) P.S. Case No. 176 of 2023 subject to the conditions:-
2026:JHHC:14781
(1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned trial court. (2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.
(3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses. (Pradeep Kumar Srivastava, J.)
Dated: 14th May, 2026 Sachin/ Uploaded on: 15/05/2026