Bhola Prasad Alias Bhola Nayak Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2025)

Bhola Prasad Alias Bhola Nayak Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks from the date of the order, release on bail on depositing cash security of Rs.5,000/- and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bokaro, subject to cooperation with investigation and other stated conditions including those under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with N.D.P.S. Case No. 11 of 2024 arising out of Gomia P.S. Case No.108 of 2024, is entitled to the privilege of anticipatory bail.

Court's answer

It is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail.

Ratio / Principle

In the event of the petitioner's arrest or surrender within six weeks from the date of the order, he shall be released on bail on depositing cash security of Rs.5,000/- and on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bokaro, on conditions including cooperation with the investigation, appearance before the Investigating Officer as and when noticed, furnishing his mobile number and a copy of his Aadhar Card in the court below with an undertaking not to change his mobile number during the pendency of the case, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted to Bhola Prasad @ Bhola Nayak, who apprehended arrest in N.D.P.S. Case No. 11 of 2024 arising out of Gomia P.S. Case No.108 of 2024 (Bokaro), registered under sections 274/275/292 of the B.N.S., Section 20(b) & 32(b) of the N.D.P.S. Act and Section 47(a) of the Excise Act; counsel alleged possession of 145 grams of Ganja (small quantity) and 6.5 liters of foreign liquor and asserted absence of criminal antecedent. Held a fit case for anticipatory bail: in the event of arrest or surrender within six weeks, release on depositing cash security of Rs.5,000/- and bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bokaro, conditioned on cooperation with investigation, appearance before the Investigating Officer, furnishing mobile number and Aadhar Card copy, and the conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 48 of 2025

Bhola Prasad @ Bhola Nayak, aged about 32 years, son of Late Lalu Saw, Resident of Village –Gomia Basti, Near Durga Mandir, P.S. & P.O. Gomia, Bokaro.

… Petitioner

Versus

The State of Jharkhand … Opposite Party

------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mr. Vishal Srivastava, Advocate For the State : Mr. Shiv Shankar Kr., Addl. P.P. ------

Order No.02 Dated- 17.01.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with N.D.P.S. Case No. 11 of 2024 arising out of Gomia P.S. Case No.108 of 2024 registered under sections 274/275/292 of the B.N.S. and Section 20(b) & 32(b) of the N.D.P.S. Act and Section 47(a) of the Excise Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was in possession of 145 grams of Ganja which comes under small quantity and 6.5 liters of foreign liquor. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-12 of the instant anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six

weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.5,000/- and on furnishing 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, Bokaro, in connection with N.D.P.S. Case No. 11 of 2024 arising out of Gomia P.S. Case No.108 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-