RAFIQUE ALAM @ RAFIQUE ANSARI @ RAFIQ ALAM v. THE STATE OF JHARKHAND
A.B.A./4948/2026 · 2026-08-29
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 24824 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 24824 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:26051
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4948 of 2026 ---- Rafique Alam @ Rafique Ansari @ Rafiq Alam, aged about 50 years, S/o- Sultan Ansari, R/o-Village-Basuwa Chowk, Mohanpur, P.O.-Mohanpur & P.S.-Mahagama, District-Godda
…. …. Petitioner(s) Versus
The State of Jharkhand
…. …. Opposite Party ----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----
For the Petitioner(s)
: Mrs. Nirupama, Adv.
For the State
: Mr. Bhola Nath Ojha, A.P.P. ----
02/Dated: 29th August, 2026
1. Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
2. The petitioner is apprehending his arrest in connection with Mahagama P.S. Case No.139 of 2026, for the alleged offences registered under Sections 20(b)(ii)B and 22 of the N.D.P.S., Act, pending in the Court of learned J.M.1st Class, Godda.
3.
Learned counsel appearing for the petitioner submits that the name of the petitioner has come in this case on the confessional statement of the co- accused and 490 grams of Ganja has been recovered from the shop (i.e. Paan Gumti) of Md. Nisar Alam. She submits that it is a small quantity, for which the maximum punishment prescribed is one year. She next submits that under the NDPS Act, the offence is not bailable. The petitioner has no criminal antecedent, as stated in paragraph 8 of the petition. On these grounds, she submits that anticipatory bail may kindly be granted.
4.
Learned counsel appearing for the State opposes the prayer and submits that the name of the petitioner has come in the confessional statement of the co-accused.
5. Considering the fact that the name of the petitioner has come in the confessional statement of the co-accused, from whose shop 490 grams of Ganja has been recovered, which is a small quantity for which the maximum
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A.B.A. No.4948 of 2026
punishment prescribed is one year, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned J.M.1st Class, Godda in connection with Mahagama P.S. Case No.139 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated: 29th August, 2026 Amar/- Uploaded on 03.09.2026