Allowed

Sunil Kumar v. the State of Jharkhand

Jharkhand HC8 Jan 2020B.A./9976/2019

Case brief

AI extract

What is this about?

Special Public Prosecutor argued petitioner was using SIM card recovered with contraband ganja. Court granted bail after noting petitioner filed a complainant application (Sanha) regarding the SIM card, directing release with conditions to appear in trial.

What did the court decide?

Petitioner directed to be released on bail bond of Rs. 10,000 with two sureties of same amount, conditioned to be physically present in trial court daily.

Sunil Kumar Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 9976 of 2019

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Sunil Kumar … … Petitioner

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Versus

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The State of Jharkhand … … Opp. Party

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--- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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--For the Petitioner : Mr. Mohit Prakash, Advocate For the Opp. Party : Mr. Pankaj Kumar, Spl. P.P.

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04/08.01.2020 Heard Mr. Mohit Prakash, learned counsel for the petitioner and Mr.

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Pankaj Kumar, learned Spl. P.P. for the State.

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Petitioner has been made accused in connection with T. Tangar P.S. Case No. 30 of 2018, N.D.P.S. Case No. 3 of 2018.

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On search of a vehicle 109 kg. of Ganja was recovered. A SIM card was also recovered from the vehicle which is alleged to be belonging to the petitioner.

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Learned counsel submits that the BSNL converted JIO SIM was missing as a result of which a Sanha was instituted by the petitioner and, therefore, the allegations are falsified on account of the said fact.

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Mr. Pankaj Kumar, learned Spl. P.P. referring to the various paragraphs of the case diary has stated that the petitioner was regularly using the said SIM card and, therefore, what has been stated by the petitioner is totally wrong.

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The implication of the petitioner seems to be only on account of the fact that a mobile was recovered with SIM card from the vehicle which was being used for transportation of 109 kg. of Ganja.

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Since a Sanha had been lodged by the petitioner prior to the incident and the fact that only the mobile and SIM card have been utilized by the prosecution to connect the petitioner with the commission of the offence coupled with the fact that the petitioner is in custody since 28.08.2019, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge-cumSpecial Judge, Simdega, in connection with T. Tangar P.S. Case No. 30 of 2018, N.D.P.S. Case No. 3 of 2018 subject to the condition that the petitioner shall remain physically present before the learned trial court on each and every date till the conclusion of the trial .

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(Rongon Mukhopadhyay, J.)

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Umesh/-

Sunil Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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