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MD Nisar Alias MD Nishar Alias Nisar v. the State of Jharkhand

Jharkhand HC6 Sept 2024B.A./5432/2024

Case brief

AI extract

What is this about?

Bail application by accused in NDPS case involving recovery of about 108 kg of ganja from a car. Petitioner, not caught at the spot and implicated via a co-accused's confession, was in custody with charge-sheet filed. Court granted regular bail with conditions to attend trial.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.25,000/- with two sureties of like amount, subject to conditions of cooperation and attendance at trial.

MD Nisar Alias MD Nishar Alias Nisar Vs the State of… — Narcotics (NDPS) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 5432 of 2024

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Md. Nisar @ Md. Nishar @ Nisar aged about 23 years S/O Md. Mojib Ahmad, R/o Goush Nagar, P.O.- Kapali, P.S.- Chandil, District- SeraikellaKharsawan (Jharkhand). --- --- Petitioner

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Versus

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The State of Jharkhand --- --- Opposite Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Md. Sajid Yunus, Advocate

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Md. Ayub Ansari, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P.

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05/06.09.2024 Heard learned counsel for the petitioner and the learned Spl.P.P. representing the State.

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Petitioner is an accused in connection with Chhotanagra P.S. Case No. 10 of 202 corresponding to NDPS Case No. 16 of 2023 for the offence registered under Section 21/22 of the NDPS Act, pending in the court of learned Sessions Judge, West Singhbhum at Chaibasa.

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It is submitted on behalf of the petitioner that as per the allegation set out in the F.I.R, petitioner along with co-accused persons were involved in the sale and purchase of contraband namely ‘Ganjha’, which is said to have been recovered from the Swift Dzire car bearing registration no. JH05Z-0296 measuring about 108 Kg. It is submitted on behalf of the petitioner that the entire allegation is false and fabricated in view of the fact that petitioner has not been caught on the spot and his name has appeared on the basis of the confessional statement of one Taiyab Ansari @ Md. Taiyab Ansari, who is said to have been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 10206 of 2023 dated 23.02.2024 and this petitioner is said to have been involved in the said case because of agreement of sale of the said vehicle executed in favour of the petitioner at the cost of Rs.75,000/-, which was financed by the co-accused Taiyab Ansari, who has been enlarged on bail. It is further submitted that the main culprit, if any is registered owner of the vehicle namely Tahir Ali and not this

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petitioner. Further, it is pointed out that petitioner is in custody since 06.04.2024 and charge-sheet in this case has been submitted and there is no criminal antecedent against this petitioner and therefore, he deserves to be enlarged on bail.

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On the other hand, learned Spl.P.P. has opposed the contentions raised by the petitioner and submitted that 108 kg of contraband ‘Ganjha’ has been recovered from the Swift Dzire bearing registration no. JH05Z0296, which is said to have been purchased by the petitioner vide agreement to sale with the real owner of the vehicle, who is co-accused in this case. Learned Spl.P.P. however, did not controvert the fact that real owner of the said vehicle is co-accused Tahir Ali and petitioner has not been caught at the spot.

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Having heard the parties, perused the record of the case.

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In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail.

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Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty-Five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge at West Singhbhum, Chaibasa in connection with Chhotanagra P.S. Case No.10 of 2022 (corresponding to NDPS Case No. 16 of 2023), subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial as and when required by the learned Trial Court, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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(Navneet Kumar, J.)

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A.Mohanty

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MD Nisar Alias MD Nishar Alias Nisar v. the State of Jharkhand

Case brief

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What did the court decide?

MD Nisar Alias MD Nishar Alias Nisar v. the State of Jharkhand

Case brief

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What did the court decide?

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