DIPENDAR SOMANI @ DIPENDRA @ DIPENDAR SOMANI v. THE STATE OF JHARKHAND
B.A./8435/2026 · 2026-09-30
Anil Kumar Choudhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27588 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27588 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:JHHC:29465] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.8435 of 2026
------ Dipendra Somani @ Dipendra @ Dipendar Somani, aged about 54 years, Son of Nagin Das Somani, resident of Shop No. 124 Railway Market Golebazar, Kharagpur (M), P.O. & P.S.- Kharagpur, District- West Medinipur, (W.B.) .... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Indrajit Sinha, Advocate
Mr. Rishav Kumar, Advocate. For the State
: Mrs. Priya Shrestha, Spl.P.P.
------
Order No:-02 Dated:-30-09-2026
Heard the parties. The petitioner has been made accused in connection with N.D.P.S. Case No. 03 of 2026 arising out of Bahragora P.S. Case No. 77 of 2025 registered for the offences punishable under Sections 20(b)(ii)(c) of the N.D.P.S. Act. This is the second journey of the petitioner with the prayer for regular bail. Earlier the prayer for regular bail of the petitioner was rejected on merit by this Court vide order dated 27.04.2026 passed in B.A. No. 3463 of 2026.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in transportation of Ganja and 20.05 Kg of Ganja was recovered from the possession of the petitioner which comes under intermediate quantity. It is next submitted that the fresh ground is that so far three witnesses have been examined who have not supported the case of the prosecution, but the P.W.2 has stated in para-21 that the seizure list was prepared in police station. Hence, it is submitted that the petitioner be released on bail.
Learned counsel appearing for the State vehemently opposes the prayer for bail of the petitioner and submits that P.W. 2
has categorically stated in para- 06 that about 20 Kg. of Ganjan was recovered from the petitioner and P.W. 3 has specifically stated that the substance which was kept in the sack; when weighed was of 20.05 Kg in weight and there is absolutely no cross-examination of the P.W.3 and P.W.2 of the matter of weight of the Ganja recovered from the petitioner. So, the same is accepted as true. It is next submitted that in view of the recovery of Ganja in commercial quantity, the rigors of Section 37 of the N.D.P.S. Act is attracted in this case and in the absence of any material for this Court to be satisfied that there are no 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; the petitioner is not entitled to bail. It is next submitted that there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of allegation against the petitioner and in the absence of any reasonable ground for this Court for believing that the petitioner is not guilty of the offence or that he is not likely to commit any offence while on bail as well as the chance of her absconding and tampering with the evidence, if released on bail, this Court is not inclined to admit the above-named petitioner on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected.
(Anil Kumar Choudhary, J.) Dated:- 30.09.2026 Amar/