Allowed
Jaikant Kumar v. the State of Jharkhand
Jharkhand HCB.A./332/2023
Case brief
from the order text
What is this about?
COURT OF JHARKHAND AT RANCHI B.A. No. 332 of…
What the court decided
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COURT OF JHARKHAND AT RANCHI B.A. No. 332 of…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 332 of 2023
Jaikant Kumar …... …. Petitioner Versus The State of Jharkhand .…. …. Opp. Party
Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. Ravi Prakash, Spl.P.P --------
03/ Dated 17.03.2023
Heard the parties.
Bail application of this petitioner was earlier rejected by this Court in B.A. No.9585 of 2022 vide order dated 28.09.2022.
The petitioner has been made an accused in connection with Kamdara P.S. Case No. 14 of 2022, for the offences under Sections 20 (b) (ii) (C)/22 (C) of NDPS Act, pending in the court of learned Sessions Judge, Gumla.
Petitioner happens to be the driver of a pick up van from which 123 bags containing 263.22 kgs of cannabis were recovered.
Learned counsel for the petitioner has submitted that similarly situated coaccused person has been granted bail by the Co-ordinate Bench of this Court in B.A. No.9436 of 2022. It was further submitted that bail was granted to the co-accused on the ground that the sample for chemical examination was not drawn from all 123 bags recovered from the possession of the petitioner. The withdrawing of samples from all the recovered bags is guided by Central Government Notification No.1 of 1989.
Considering the aforesaid fact, it is evident that the case of the petitioner stands on a similar footing with the co-accused, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each, to the satisfaction of learned Sessions Judge, Gumla, in connection with Kamdara P.S. Case No. 14 of 2022.
(Ambuj Nath, J.)
BS/
1 issue framed by the court
Whethersimilarly situated coaccused granted bail entitles the petitioner to bail despite prior rejection in identical pending case.
2 provisions across 2 enactments
Jaikant Kumar
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court