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2026 DAILYLAW 19343 (JHR)

MD JUBAIR ANSARI ALIAS JAVED v. THE STATE OF JHARKHAND

B.A./6227/2026 · 2026-07-06

Anil Kumar Choudhary

body2026

Judgment text

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(2026:JHHC:19726) IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6227 of 2026 Md. Jubair Ansari @ Javed Son of Junail Miya @ Junail Ansari, aged about 30 years, r/o village Balu Basti, Post Balu, P.S. – Balumath, District – Latehar, Jharkhand. … … …Petitioner Versus The State of Jharkhand. … … …Opp. Party ------ HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pradeep Kr. Nayak, Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P. ------ Order No:- 02, Dated:- 06th July, 2026 Heard the parties. The petitioner has moved before this Court for grant of bail in connection with Lower Bazar P.S. Case No. 01 of 2026(N), registered for the offences punishable under sections 18(b) / 29 of the N.D.P.S. Act, 1985. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in sale and purchase of opium and 3.758kg of opium was recovered from the possession of the petitioner which comes under commercial quantity. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in para no. 17 of this bail application and the petitioner has been in custody since 03.01.2026 as has been mentioned in para no. 06 of this bail application. It is lastly submitted that the petitioner is ready and willing to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Spl. P.P. on the other hand opposes the prayer for bail of the petitioner and submits that keeping in view the fact that the opium in commercial quantity has been recovered from the possession of the petitioner, the rivals of Section 37 of the N.D.P.S. Act, is attracted in this case and in the absence of any material to suggest that there are reasonable grounds for believing that the petitioner is not guilty of the offence and that he is not likely to commit any offence while on bail, moreover as there is every chance of the petitioner being absconding and tampering with the evidence, if released on bail, hence, the petitioner ought not be admitted to bail. Considering the serious nature of allegation against the petitioner and in the absence of any material to suggest that there is any reasonable ground for believing that the petitioner is not guilty of the offence and that is not likely to commit any offence while on bail, as also the chance of his absconding and tampering with evidence, if released on bail, this Court of the considered view that this is not a fit case where the petitioner be admitted to bail. Accordingly, the prayer for bail of the petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) Dated – 06.07.2026 Aditi