Dismissed¶7

Miku Kumar Yadav Alias Mikku Kumar Yadav v. the State of Jharkhand

Jharkhand HC6 Dec 2024B.A./6910/2024

Case brief

AI extract

What is this about?

High Court of Jharkhand, Ranchi; B.A. No. 6910 of 2024; Justice Ambuj Nath; order dated 06.12.2024; bail rejected; NDPS Case No. 46/2023; Charhi P.S. Case No. 79/2023; Sections 18(b), 21(c), 22(c), 29 N.D.P.S Act; Sections 414/34 IPC; opium 3 Kg commercial quantity; motorcycle JH-02-BM-2330; 15 Mile Ranchi Patna Road; F.S.L. report; successive/second bail application; earlier rejection in B.A. No. 12085/2023 (order dated 03.04.2024); Sinu Hassa Purti @ Birsa Vrs. State of Jharkhand, SLP (Crl.) No. 6460/2024 (custody over one year); trial expedited; Special Judge (NDPS) Hazaribag; advocate Nilesh Kumar for petitioner; APP Kumari Rashmi for State.

What did the court decide?

No relief — prayer for bail of the petitioner rejected; Trial Court directed to expedite the trial. ¶7

Miku Kumar Yadav Alias Mikku Kumar Yadav Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 6910 of 2024

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Miku Kumar Yadav @ Mikku Kumar Yadav, aged about 24 years, S/o. Shankar Yadav, R/o. Chhakarwar, P.O. & P.S.- Itkhori, Dist.- Chatra.

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-Versus -

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The State of Jharkhand ... … Opposite Party

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mrs. Kumari Rashmi, A.P.P.

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04/06.12.2024

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Heard the parties.

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The petitioner has been made accused in connection with N.D.P.S. Case No. 46/2023, arising out of Charhi P.S. Case No. 79/2023, for the offences registered under Sections 414/34 of the Indian Penal Code, Sections 18(b)/ 21(c)/ 22(c) and 29 of the N.D.P.S Act, pending in the Court of Sri Satya Prakash Sinha, learned Sessions Judge-Cum-Spl. Judge, NDPS Case, Hazaribag.

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Bail application of the petitioner was earlier rejected by this court in B.A. No. 12085/2023 vide order dated 03.04.2024.

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During the intervening night of 21/22.09.2023, Charhi police intercepted motorcycle, bearing registration number JH-02- BM-2330 from a place near 15 Mile, Ranchi Patna Road. The petitioner and coaccused were apprehended and on search 03 Kgs. of opium were recovered from their possession.

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F.S.L. report with regard to the seized contraband is available for perusal. It appears that seized contraband contains opium.

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Learned counsel appearing on behalf of the petitioner has relied upon the decision of the Hon’ble Supreme Court in the case of Sinu Hassa Purti @ Birsa Vrs. The State of Jharkhand in [Special Leave to Appeal (Crl.) No. 6460/2024 (arising out of impugned final judgement and order dated 12.12.2023 in B.A. No. 9833/2023 passed by the Hon’ble High Court of Jharkhand at Ranchi)]”. The accused was granted bail from whose possession commercial quantity of contraband

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was recovered, on the ground that the petitioner had remained in custody for more than one year.

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Considering the fact that commercial quantity of opium was recovered from the possession of the petitioner and the trial is under progress, I am not inclined to release the petitioner, on bail. Accordingly, the prayer for bail of the petitioner stands rejected.

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Learned Trial Court shall expedite the trial.

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(Ambuj Nath, J.)

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Rahul/-

Miku Kumar Yadav Alias Mikku Kumar Yadav v. the State of Jharkhand

Case brief

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Miku Kumar Yadav Alias Mikku Kumar Yadav v. the State of Jharkhand

Case brief

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