Allowed¶15

Sanjay Kumar v. the State of Jharkhand

Jharkhand HC6 Sept 2024B.A./5978/2024

Case brief

AI extract

What is this about?

Jharkhand High Court bail order, Navneet Kumar J., 06.09.2024, B.A. No. 5978 of 2024; NDPS Act Sections 17 & 18; Daltonganj Sadar P.S. Case No. 37 of 2024; co-accused Anil Kumar @ Anil Rajput bailed in BA No. 5695 of 2024; 490 grams liquid opium recovery attributed to co-accused, none to petitioner; custody since 25.04.2024; charge-sheet filed; no criminal history; State opposed on sale-of-opium allegation; bail granted with Rs. 25,000 bond and two like sureties plus trial-appearance conditions.

What did the court decide?

Bail granted: petitioner to be enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to cooperation in the trial and appearance on each and every date, failing which cancellation proceedings may follow. ¶15

Sanjay Kumar 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 under Sections 17 & 18 of the N.D.P.S. Act in whom nothing was allegedly recovered, who is in custody since 25.04.2024 with charge-sheet filed 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/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge under the NDPS Act, Palamau, subject to conditions that he cooperates in the pending criminal proceeding and remains present on each date of trial, failing which appropriate orders for cancellation of bail may be passed by the court below.

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Detailed headnote1 paragraphs

NDPS Act — Bail application (B.A. No. 5978 of 2024) by accused of Daltonganj Sadar P.S. Case No. 37 of 2024 (N.D.P.S. Case No. 15 of 2024) under Sections 17 & 18, N.D.P.S. Act. Counsel for the petitioner stated that nothing was recovered from the petitioner's possession; the alleged main culprit Anil Kumar @ Anil Rajput, from whose possession 490 grams of liquid opium was reportedly recovered, had already been enlarged on bail by the same Court (BA No. 5695 of 2024, dated 02.09.2024); the petitioner was in custody since 25.04.2024, the charge-sheet stood filed, and no criminal history was recorded against him as per the State's counter-affidavit. The learned S.P.P. opposed bail, contending the petitioner had sold the contraband (opium) to the co-accused. Held: enlarging the petitioner on bail on a personal bond of Rs. 25,000/- with two like sureties, subject to conditions of cooperation in the trial and presence on every hearing date, failing which cancellation could be sought before the trial court. Single Bench: Navneet Kumar, J.; decided 06.09.2024.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5978 of 2024

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Sanjay Kumar

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The State of Jharkhand

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... … Petitioner

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Versus … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Bhola Nath Ojha, S.P.P --------

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Order No. 03/ Dated 06^th September, 2024

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

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The petitioner is an accused in connection with Daltonganj Sadar P.S. Case No. 37 of 2024 dated 25.04.2024 corresponding to N.D.P.S. Case No.15 of 2024, registered under Sections 17 & 18 of N.D.P.S. Act, pending in the Court of Learned Special Judge under N.D.P.S. Act, Palamau.

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It is submitted on behalf of the petitioner that as per the allegations as set out in the F.I.R., nothing has been recovered from the possession of this petitioner and the main culprit was Anil Kumar @ Anil Rajput from whose possession, 490 grams liquid opium is said to have been recovered who has been enlarged on bail by this Court vide BA No.5695 of 2024 dated 02.09.2024. It has further been submitted that this petitioner is in jail since 25.04.2024 and charge-sheet in this case has been submitted and there is no criminal history against the petitioner as evident from counteraffidavit filed on behalf of the State by learned Spl. P.P. and in this view of the matter, this petitioner deserves to be enlarged on bail.

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On the other hand, the learned S.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that although this petitioner has no criminal history but he is the man who had sold the contraband i.e. opium to the co-accused Anil Kumar @ Anil Rajput and therefore this petitioner does not deserve to be enlarged on bail .

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

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In light of the forceful submission advanced on behalf of the petitioner 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 Special Judge under NDPS Act, Palamau, in connection with Daltonganj Sadar P.S. Case No. 37 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No.5978 of 2024

Sanjay Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Kumar 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

Case details

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