Rajan Kumar Choudhary v. the State of Jharkhand

Jharkhand HC26 Jul 2024B.A./5671/2024

Case brief

AI extract

What is this about?

Bail enlargement order; B.A. No. 5671 of 2024; Justice Navneet Kumar; High Court of Jharkhand at Ranchi; Vidhan Sabha P.S. Case No. 05 of 2024 (N); NDPS Act Section 20(b)(ii)(B); Arms Act Sections 25(1-B)a and 26; 4.1 KG ganja; country made pistol; chargesheet submitted; no criminal history; in jail since 05.04.2024; Judicial Commissioner Cum Special Judge Ranchi; bail bond Rs. 25,000 with two sureties of like amount; conditions of cooperation and attendance on all trial dates; cancellation of bail on default.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to cooperation in the criminal proceedings and presence on each and every date of the trial, failing which the trial Court may cancel the bail. ¶¶13

Rajan Kumar Choudhary Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, an accused in Vidhan Sabha P.S. Case No. 05 of 2024 (N) under the NDPS Act and Arms Act facing recovery allegations (country-made pistol and 4.1 KG ganja), with the chargesheet submitted and no criminal history, deserves to be enlarged on bail.

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Court's answer

The petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each, to the satisfaction of the Court of the Learned Judicial Commissioner Cum Special Judge, Ranchi, in connection with Vidhan Sabha P.S. Case No. 05 of 2024 (N).

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Ratio / Principle

The bail is conditional: the petitioner must cooperate in the criminal proceedings pending in the learned Court below and remain present on each and every date of the criminal trial, failing which the learned trial Court shall pass appropriate orders for cancellation of the bail.

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Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Jharkhand at Ranchi, B.A. No. 5671 of 2024, Order No. 04 dated 26.07.2024 (Hon'ble Mr. Justice Navneet Kumar). Rajan Kumar Choudhary, accused in Vidhan Sabha P.S. Case No. 05 of 2024 (N) registered under Section 20(b)(ii)(B) of the NDPS Act and Section 25(1-B)a, 26 Arms Act, pending before the Learned Judicial Commissioner Cum Special Judge, Ranchi, with recovery alleged of one country-made pistol and 4.1 KG of ganja, in custody since 05.04.2024, chargesheet submitted and no criminal history pointed out, was enlarged on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each, subject to cooperation in the pending criminal proceedings and presence on each and every date of the trial, failing which the learned trial Court may pass appropriate orders for cancellation of the bail.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5671 of 2024

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Rajan Kumar Choudhary, aged 25 years, S/o Late Om Prakash Choudhary, R/o Village – Tundil Devi Mandap Gali, P.O. + P.S. – Vidhan Sabha, District-Ranchi. ... … Petitioner

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Versus The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. Rajesh Kumar, A.P.P. --------

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Order No. 04 / Dated 26^th July, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Vidhan Sabha P.S. Case No. 05 of 2024 (N), registered under Section 20(b)(ii)(B) of the NDPS Act & Section 25(1-B)a, 26 Arms Act, pending in the Court of Learned Judicial Commissioner Cum Special Judge, Ranchi.

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It is submitted on behalf of the petitioner that the house of the petitioner was raided and one country made pistol and 4.1 KG Ganja were alleged to have recovered from his possession. It is submitted on behalf of the petitioner that he is in jail since 05.04.2024 and in this case, the chargesheet has been submitted and therefore the possibility of tampering with the evidence is very remote. Further it has been pointed out that it is stated in para 8 that there is no criminal history against this petitioner and therefore he deserves to be enlarged on bail.

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On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner by filing counter affidavit. It has been pointed out that although charge-sheet in this case has been submitted but there are direct allegation for the recovery of country made pistol upon which ‘made in USA’ is written along with three live cartridges therefore he does not deserve to be enlarged on bail although he did not controvert this fact that this petitioner was not having any criminal history.

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Having heard the parties, perused the records of this case.

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In the light of the submission advanced on behalf of the parties and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Judicial Commissioner Cum Special Judge, Ranchi, in connection with Vidhan Sabha P.S. Case No. 05 of 2024 (N), subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Court below and he will remain present on each and every date of the criminal trial, failing which, appropriate order shall be passed by the learned trial Court for the cancellation of the bail.

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Basant/S. Das

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2 B.A. No. 5671 of 2024

Rajan Kumar Choudhary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajan Kumar Choudhary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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