The High Court of Jharkhand rejected the petitioner's bail prayer in an NDPS case, holding that his criminal antecedents and the differing circumstances of a co-accused precluded reconsideration of a previously rejected prayer.
Prayer for bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 632 of 2022
Kamta Ganjhu ... Petitioner
Versus
The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. A. K. Chaturvedi, Advocate For the State : Mr. Ravi Prakash, Spl.P.P. --- Order No. 02 Dated 10th February, 2022
Heard the learned counsel appearing for the respective parties.
The petitioner is an accused in connection with NDPS Case No. 86 of 2021 (Bashisthanagar P.S. Case No. 21 of 2021), pending before the Court of learned Sessions Judge-cum-Special Judge (NDPS), Chatra.
The prayer for bail of the petitioner was earlier rejected on 16.05.2021 in B.A. No. 7622 of 2021.
It has been by the learned counsel for the petitioner that one of the similarly situated co-accused Amlesh Kumar has been granted bail by this Court in B.A. No. 15454 of 2021. Learned counsel submits that the petitioner is in custody since 09.03.2021.
Learned Spl.P.P. has opposed the prayer for bail of the petitioner and has stated that the case of the petitioner is on a different footing than that of the person who has been granted bail by this Court.
It appears that the petitioner has also got a criminal antecedent being involved in a case of NDPS. On such consideration, I am not inclined to reconsider his prayer for bail of the petitioner which stands rejected once again.
(RONGON MUKHOPADHYAY,J.)
MK
3 issues framed by the court
Whether bail should be granted to the petitioner who is an accused in an NDPS case with criminal antecedents.
Whether the fact that a co-accused was granted bail entitles the petitioner to similar relief.
Whether the petitioner’s criminal antecedents preclude the consideration of his bail prayer.
Kamta Ganjhu
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
