( 2026:JHHC:504 ) -1- A.B.A. No. 7527 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7527 of 2025 Rocky Kumar, aged 33 years, son of Suresh Mahto, resident of Village- Sandi, P.O. Okeyapass, P.S. Rajrappa, District- Ramgarh … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Ms. Sharda Kumar, A.C. to P.P. ----- 04/09.01.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Rajrappa P.S. Case No.185/2025, registered for the offence under Section 21(a) of the NDPS Act, 1985, pending in the Court of the learned Sessions Judge, Ramgarh. 3. Learned counsel appearing for the petitioner submits that the allegations are made that 15 sachets of Ganja like substance were recovered from the possession of the petitioner. He further submits that the case has been registered under Section 21(a) of the NDPS Act, wherein, maximum one year sentence is provided along with fine of Rs.10,000/-. He next submits that however in the Act, it is not said to be bailable or non-bailable. He 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. He 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 15 sachets of Ganja have been recovered from the possession of the petitioner. ( 2026:JHHC:504 ) -2- A.B.A. No. 7527 of 2025 5. Admittedly, 15 sachets of Ganja like substance have been recovered from the possession of the petitioner. The case has been registered under Section 21(a) 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. (Sanjay Kumar Dwivedi, J.) Dated: 9th January, 2026 Ajay/