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2026 DAILYLAW 5821 (JHR)

DIWAKAR KUMAR ALIAS AVINASH KUMAR v. THE STATE OF JAHRKHAND

B.A./734/2026 · 2026-04-09

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:10161 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.734 of 2026 ------ Diwakar Kumar @ Avinash Kumar, aged about 21 years, S/o Late Satendar Dangi, R/o Village-Nawadih, PO-Nawadih, Damol, PS- Pathalgadda & Distt.-Chatra, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Pankaj Kumar, Advocate : Mr. P.S. Dayal, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P ------ Order No.04 Dated- 09-04-2026 Heard the parties. The petitioner has been made accused in connection with Pathalgadda P.S. Case No.33 of 2025 registered for the offences punishable under Sections 17(b), 18(b), 21(b), 25, 27, 28, 29 of the NDPS Act and Under Section 111(2)(b) of BNS, 2023. Learned counsel for the petitioner submits that the allegation against the petitioner is that from the petitioner was in illegal possession of 20.4 gms of brown sugar and from the co-accused Omkar Dangi, 1.055 kg of opium was recovered. It is submitted that the allegation against the petitioner is false. It is next submitted that the charge sheet has been submitted but no witness has been examined as yet. It is next submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in para-02 of the supplementary affidavit dated 13.03.2026. It is lastly submitted that the petitioner has been in custody since 17.08.2025 as has been mentioned in para-09 of this bail application. Hence it is submitted that the petitioner be released on bail. Learned Spl.P.P. opposes the prayer for bail and submits that the prayer for bail of the co-accused Omkar Dangi has been rejected by the co-ordinate bench of this Court vide order dated 17.03.2026 in B.A. No.1326 of 2026. Considering the facts of this case, the above-named petitioner is directed to be enlarged 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 Sessions Judge-cum-Special Judge, NDPS, Chatra in connection with Pathalgadda P.S. Case No.33 of 2025 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case. (Anil Kumar Choudhary, J.) 09/04/2026 Abhiraj/