[2026:JHHC:11156] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.794 of 2026 ------ Badruddin Miyan, S/o Suleman Sekh aged about – 42 years, resident of village- Sahbajpur, P.O. & P.S. Sahbajpur, District- Maldah, West Bengal .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Divya Prakash, Advocate Mr. Vijay Kr. Roy, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P ------ Order No.06 Dated-17-04-2026 Heard the parties. The petitioner has been made accused in connection with Bariyatu P.S. Case No.46 of 2024 corresponding to N.D.P.S. Case No. 37 of 2025 registered for the offence punishable under Sections 17(c), 18(b), 22(c) of the N.D.P.S. Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner purchased opium of 16.920 Kg through the co-accused Dharmendra Prasad Sao from Binod Ganjhu and while the said opium of 16.920 Kg was in possession of Dharmendra Prasad Sao, police raided and seized the same. It is next submitted that the allegation against the petitioner is false. It is next submitted that it has falsely been mentioned in the bail application that the petitioner has no criminal antecedent but in fact, the petitioner is having criminal antecedent. It is then submitted that the petitioner has been in custody since 08.09.2025 as is evident from para-17 of the instant bail application. It is further submitted that the petitioner is ready and willing to co-operate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned counsel appearing for the State on the other hand opposes the prayer for bail of the petitioner and submits that keeping in view the involvement of opium in commercial quantity in the offence committed by the petitioner, the rigors of Section 37 of N.D.P.S. Act is attracted in this case and in the absence of any material to be satisfied that there are 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 direct allegation of serious nature against the petitioner of having been involved in purchase of 16.920 Kg of opium, which comes under commercial quantity and in the absence of any reasonable grounds 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 chance of his absconding and tampering with the evidence, if released on bail, this Court is not inclined to admit the above named petitioner to bail . Accordingly, the prayer for bail of the above named petitioner is rejected. (Anil Kumar Choudhary, J.) Dated:- 17.04.2026 Saroj/