Neutral Citation No. ( 2026:JHHC:16408 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2902 of 2026 Rohit Bahadur Gurung, aged about 28 years, son of Dilip Bahadur, resident of ET13, Near Hanuman Garhi, CCL Colony, Patratu, P.O. and P.S. Patratu, District-Ramgarh, at present resident of Kusai Colony, P.O. and P.S. Doranda, District-Ranchi ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mrs. Neeharika Mazumdar, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P. 02/ 09.06.2026: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Namkum P.S. Case No. 07 of 2026, registered under sections 21(a), 22, 29 of Narcotic Drugs and Psychotropic Substance Act, pending in the Court of learned Judicial Commissioner-cum-Special Judge, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner was not present at the spot however, allegations are made that from the car of the petitioner 03.73 gram brown sugar was recovered. She further submits that the case has been registered under Section 21(a) of the NDPS Act, wherein, maximum sentence is one year along with fine of Rs.10,000/-. She next submits that however in the Act, it is not said to be bailable or non-bailable. She also submits that in light of Schedule II of the Bharatiya Nagrik Suraksha Sanhita, 2023, all the sentences where the punishment is prescribed for less than three years, are bailable. She submits that in view of these facts, the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel appearing for the State opposed the prayer and submits that 03.73 gram brown sugar was recovered from the car of the Neutral Citation No. ( 2026:JHHC:16408 ) petitioner. 5. Admittedly, 03.73 gram brown sugar was recovered from the car of the petitioner and the petitioner was not present at the spot. The case has been registered under Section 21(a), 22, 29 of the NDPS Act and under that provision, maximum sentence extends to one year along with fine of Rs.10,000/-, is prescribed. The maximum prescribed punishment for small quantity offences is limited to one year and it can be simply said that they fall within the lowest tier of classification, thereby rendering them bailable by operation of law. In this regard, further reference may be made to Schedule II of the Bharatiya Nagrik Suraksha Sanhita, 2023, wherein, the punishment prescribed for less than three years of offences, is said to be bailable. 6. In the attending facts and circumstances of the case, the petitioner is directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioner on such terms, conditions or sureties as the learned Court may deem fit and proper. 7. Accordingly, this application is disposed of. Dt.09.06.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-