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2026 DAILYLAW 2715 (JHR)

PRAMOD SINGH BHOGTA v. THE STATE OF JHARKHAND

B.A./69/2026 · 2026-04-06

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:9546] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.69 of 2026 ------ Pramod Singh Bhogta aged about 25 years son of Karam Ganjhu, resident of vill- Kalyanpur, P.O. + P.S.- Lawalong, Dist- Chatra .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Nandan Prasad, Advocate For the State : Ms. Lily Sahay, Addl.P.P ------ Order No.04 Dated-06-04-2026 Heard the parties. The petitioner has been made accused in connection with Bariyatu P.S. Case No.42 of 2025 registered under Sections 111 (4) of the B.N.S., 2023 and Section 15 (c), 18 (b), 22, 27, 25, 29 of the Narcotic Drugs Psychotropic Substances Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal transportation of Narcotic Substances i.e., Ganja of 78 Kg, which comes under commercial quantity. It is submitted that the allegation against the petitioner is false. It is next submitted that the co-accused persons, with similar allegations, have already been admitted to bail by a co-ordinate Bench of this Court vide the common order dated 19.02.2026 passed in B.A. No.11322 of 2025 along with other allied cases. It is next submitted that the petitioner has been in custody since 06.09.2025. Hence it is submitted that the petitioner be released on bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that keeping in view the fact that the seized quantity of Ganja comes under commercial quantity, the rigors of Section 37 of the N.D.P.S. Act, 1985 is attracted in this case and in the absence of any material to suggest that the petitioner is not guilty of the offence alleged and that there is no chance of his being not involved in any offence while on bail, hence, there is every chance of the petitioner absconding and tampering with the evidence if released on bail. It is further submitted that the co-accused, who have been admitted to bail by different co-ordinate Benches of this Court, were stated to be involved in transportation of Poppy straw of less than commercial quantity and without recording any finding in terms of Section 37 of the N.D.P.S. Act, they have been admitted to bail. It is, therefore, submitted that the petitioner ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioner of being involved in illegal transportation of Narcotic Substances i.e., Ganja of 78 Kg and in the absence of any material to suggest that the petitioner is not guilty of the allegations and that there is no chance of his being not committing any offence while on bail as well as his chance of absconding and tampering with the evidence, if released on bail, this Court is of the considered view that this is not a fit case where the above-named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) Dated-06.04.2026-Animesh/