Extracted from the PDF above. The PDF is authoritative.
[ 2026:JHHC:19244] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3465 of 2026
Hardev Yadav, aged about 35 years, S/o Balari Yadav, R/o Village Dakadari, P.O. and P.S. Bariyatu, District Ranchi.
..... … Petitioner
Versus The State of Jharkhand
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Saurabh Shekhar, Advocate.
: Mrs. Akriti Shree, Advocate. For the State
: Mr. P.D. Agarwal, A.P.P. ------ 03/ 01.07.2026 Heard learned counsel for the petitioner and learned A.P.P for the State.
2.
The petitioner is apprehending his arrest in connection with Bariyatu P.S. Case No. 26 of 2026, registered for the offence under Sections 15(b), 18(C), 22(b) and 25 of NDPS Act, pending in the court of learned Special Judge, NDPS, Latehar.
3.
Learned counsel appearing for the petitioner submits that the petitioner is a farmer and the alleged contraband of 11.900 Kgs. has been recovered from the premises of a school and only the security guard of that school has stated that this petitioner and another person have kept the said contraband there. He next submits that the quantity of contraband is intermediary. He then submits that although, two criminal antecedents are there against the petitioner, however, in these two cases, the petitioner is already on bail. He further submits that if the Court is satisfied, the Court can grant the anticipatory bail in light of Section 37(b)(ii) of the NDPS Act. He next submits that the case has been registered under Sections 15(b), 18(c), 22(b) and 25 of NDPS Act, however, in light of Section 37(b)(ii), if the case is being under Sections 19, 24 or 27(A) of the said Act cannot be released on bail. He also submits that the petitioner will co-operate in the investigation. On these grounds, he submits that anticipatory bail may kindly be provided
[ 2026:JHHC:19244] -2-
to the petitioner. 4. Learned A.P.P. appearing for the State has vehemently opposed the prayer and submits that the petitioner is having criminal antecedents and in view of that custodial interrogation is required. On these grounds, he submits that anticipatory bail may kindly be rejected. 5. Admittedly, the said contraband has been recovered from the premises of a school and not from the possession of this petitioner and only the security guard of that school has disclosed the name of this petitioner and another and the said contraband is said to be intermediary in quantity and anticipatory bail or regular bail is for the limited purpose and it is confined to the question of releasing the accused on bail and at this stage, the court is called upon to see if there is reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter, as if it is pronouncing a judgment of acquittal and recording a finding of not guilty. 6. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 7.
Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Latehar, in connection with Bariyatu P.S. Case No. 26 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-01.07.2026 Amitesh/-