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2026 DAILYLAW 7583 (JHR)

JISHAN v. THE STATE OF JHARKHAND

B.A./2514/2026 · 2026-04-30

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:12819] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2514 of 2026 ------ Jishan Aged about 30 years, S/O Ali Ahmad, R/O Ajaj Nagar, Purana Sahar, P.O. & P.S. – Bareli, Dist- Bareli, Uttar Pradesh. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lal Vikram Nath Shahdeo, Advocate For the State : Mr. Shree Prakash Jha, Addl.P.P ------ Order No.03 Dated-30-04-2026 Heard the parties. The petitioner has been made accused in connection with Daltonganj Sadar P.S. Case No.133 of 2025 registered for the offence punishable under Sections 15 and 22 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was transporting poppy straw of 101.870 Kg in his Ertiga Car illegally and was arrested by police and the police recovered the said poppy straw. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has been in custody since 01.12.2025 as is evident from para-10 of the instant bail application. It is also submitted that the petitioner has no criminal antecedent as mentioned in para-09 of the 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 recovery of the poppy straw in commercial quantity while being transported illegally, 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 or 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’s 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 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 bail of the above named petitioner at this stage. Accordingly, the prayer for bail of the above named petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) Dated:- 30.04.2026 Saroj/