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2026 DAILYLAW 19027 (JHR)

ISRAFIL ANSARI ALIAS RAJA v. THE STATE OF JHARKHAND

B.A./4260/2026 · 2026-07-06

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:19830 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4260 of 2026 ------ Israfil Ansari @ Raja, aged about 31 years, son of Late Ramjan Miyan, resident of Village-Pachada, P.O.-Tandwa, P.S.-Keredari, District-Hazaribagh, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Arun Kr. Dubey, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P ------ Order No.03 Dated- 06-07-2026 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Lower Bazar P.S. Case No.45 of 2026 (N) registered for the offences punishable under Sections 21/29 of the NDPS Act and Sections 248, 249 & 61(2) of BNS, 2023. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in planting 18.82 gms of brown sugar in the vehicle of one Divan Midha. It is next submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner has been implicated in this case only on the basis of the disclosure statement of the co-accused and the only allegation against the petitioner is that the petitioner fixed the brown sugar near the stepney of the car of the Divan Midha. It is also submitted that the charge sheet has been submitted against the petitioner and the co-accused Mukesh Kumar Soni has already been granted bail. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant/victim or the witnesses of the case in any manner during the trial of the case. It is lastly submitted that the petitioner has been in custody since 17.03.2026 as is evident from para-14 of this bail application. Hence, it is submitted that the petitioner be admitted to bail. Learned Spl. P.P. appearing for the State on the other hand vehemently opposes the prayer for bail and submits that the petitioner has not come to court with clean hands and the petitioner has suppressed the matter that in fact he has been convicted in a case involving the offence punishable under Section 302 of the Indian Penal Code and by the order of the Division Bench of this Court, his sentence of conviction has been suspended but even then he is indulging in such heinous offence of falsely implicating the innocent persons with the offences punishable under the penal provision of NDPS Act, after illegally coming in possession of heroin. It is next submitted that the allegation against the co-accused Mukesh Kumar Soni stands at different footing, as the only allegation against him is that he helped the petitioner in fixing the brown sugar, but it has not been mentioned as to in what manner, Mukesh Kumar Soni has helped the petitioner; whereas there is direct and specific allegation that it is the petitioner, who fixed the brown sugar near the stepney of the vehicle of the Divan Midha to falsely implicate him in a false case, hence, there is every chance of the petitioner absconding or tampering with evidence, if released on bail. It is therefore submitted that the petitioner ought not be released on bail. Considering the serious nature of allegation against the petitioner of falsely implicating innocent persons with serious offences like the offence punishable under the penal provisions of the NDPS Act after coming in illegal possession of heroin and also his criminal antecedent as he has been convicted in a murder case, but, still he is misusing his suspension of sentence and the chance of the petitioner absconding or tampering with evidence, if released on bail, this Court is not inclined to admit the petitioner on bail at this stage. Accordingly, the prayer for bail of the above-named petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) 06/07/2026 Abhiraj/