Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 8835 (RAJ)

JAGDISH KUMAR S/O BIHARILAL v. STATE OF RAJASTHAN

CRLMB/8473/2026 · 2026-06-18

Ravi Chirania V J

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:23376] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8473/2026 Jagdish Kumar S/o Biharilal, Aged About 67 Years, R/o Badiya, Police Station Kotpai, District Shri Muktasar Saheb (Panjab). (Presently Confined In Sub Jail At Bhawanimandi). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Narsi Prasad Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE RAVI CHIRANIA (V.J.) Order 18/06/2026 1. This instant bail application has been filed by the petitioner Jagdish Kumar S/o Biharilal, who was arrested by the police in connection with the FIR No.107/2026 dated 25.04.2026 registered at Police Station Dug, District Jhalawar for the offences punishable under Sections 8, 15, 25 and 29 of the NDPS Act, 1985. 2. Learned counsel for the petitioner submits that police has recovered the alleged contraband substance (poppy straw) quantified as 12 Kgs approximately which is less than the commercial quantity, i.e. 50 Kgs under the NDPS Act and the petitioner has no criminal antecedents of any nature including under the NDPS Act. 3. Learned counsel further submits that the petitioner has been falsely implicated in the present case and in view thereof, he prays that the petitioner may be enlarged on bail by this Court. [2026:RJ-JP:23376] (2 of 3) [CRLMB-8473/2026] 4. Learned Public Prosecutor strongly opposes the bail application. 5. This Court heard the objections as raised by the learned Public Prosecutor and noticed the fact that the alleged contraband substance recovered is less than the commercial quantity as per the NDPS Act. Further, the petitioner has no criminal antecedent of any nature in the past. Considering the rigor of section 37 of the NDPS Act and after looking to the overall facts and circumstances, this Court is inclined to enlarge the present petitioner on bail. 6. Accordingly, the bail application filed under Section 483 B.N.S.S., 2023 is allowed and it is directed that accused-petitioner Jagdish Kumar S/o Biharilal shall be released on bail, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned Trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 7. The petitioner is further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the observations as made by this Court in the bail application will not affect trial of the case. 8. The petitioner shall mark his presence before the concerned SHO of the Police Station twice a month for the entire period of the trial. The SHO shall maintain register to mark presence of the petitioner. In case the petitioner fail to appear twice in any month then the same shall be considered as breach and the bail shall stands cancelled automatically without further reference to the Court. [2026:RJ-JP:23376] (3 of 3) [CRLMB-8473/2026] 9. It is further directed that in case, the petitioner is found to be involved in any case of NDPS Act during pendency of the trial, learned Public prosecutor shall file an application for cancellation of the bail. (RAVI CHIRANIA (V.J.)),J 135/RAHUL KUMAR