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2026 DAILYLAW 2022 (JHR)

SANDEEP KUMAR BHUIYAN v. THE STATE OF JHARKHAND

B.A./892/2026 · 2026-03-16

Anubha Rawat Choudhary

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Judgment text

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2026:JHHC:6983 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 892 of 2026 Sandeep Kumar Bhuiyan, aged about 20 years, Son of Kedar Bhuiyan, Resident of village Pandey Bagi, P.O. and police station – Gidhour, District- Chatra … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the Opp. Party : Mr. Pankaj Kumar, Public Prosecutor --- 07/16.03.2026 Heard the learned counsel for the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 01.10.2025 in connection with Gidhour P.S. Case No. 66 of 2025, registered under Sections 18(b), 22(c), 27(a), 28 and 29 of NDPS Act, now pending in the court of learned Sessions Judge cum Special Judge NDPS cases Chatra. 3. Learned counsel for the petitioner has submitted that the petitioner was apprehended along with the co-accused with 2.52 KG of opium and it became commercial quantity as it exceeded the limit by 2 grams only which would have been the weight of the container and therefore the alleged recovery would be less than 2.5 KG and hence intermediate quantity . 4. Learned counsel for the petitioner further submits that the motorcycle in which the petitioner was riding belonged to the brother of the co-accused and the opium was recovered from the dicky of the motorcycle. The learned counsel has further submitted the petitioner does not have criminal antecedent. 5. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer and has submitted that the recovery is of commercial quantity and the petitioner and the co-accused were apprehended on the spot and in their presence, the recovery was made. 6. Learned counsel for the State has also submitted that the petitioner has also admitted his guilt during the confessional 2026:JHHC:6983 2 statement. 7. After hearing the learned counsel for the parties and considering the fact that there is recovery of 2.52 KG of opium from the dicky of the motorcycle in which the petitioner was riding with the co-accused, this Court is not inclined to enlarge the petitioner on bail at this stage. The alleged recovery is of 2.52 KG and 0.02 KG would be 20 grams and not 2 grams. 8. Hence, this bail application is rejected. 9. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:16.03.2026 Pankaj Date of Uploading:18.03.2026