Jharkhand High Court
Sanjay Yadav vs The State Of Jharkhand on 6 July, 2026
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
[ 2026:JHHC:19712]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3583 of 2026
Sanjay Yadav, aged about 31 years, Son of Surendra
Yadav, R/o Village Dakadari, P.O. and P.S. Bariyatu,
District Ranchi.
..... ... Petitioner
Versus
The State of Jharkhand
..... ... Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
——
For the Petitioner : Mr. Saurabh Shekhar, Advocate.
: Mrs. Akriti Shree, Advocate.
For the State : Mr. V.S. Sahay, A.P.P.
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05/ 06.07.2026 Heard learned counsel for the petitioner and learned A.P.P
for the State.
2. The petitioner is apprehending his arrest in connection with
Bariyatu P.S. Case No. 26 of 2026, registered for the offence under
Sections 15(b), 18(C), 22(b) and 25 of NDPS Act, pending in the court
of learned Special Judge, NDPS, Latehar.
3. Learned counsel appearing for the petitioner submits that
the petitioner is a farmer and the alleged contraband of 11.900 Kgs.
has been recovered from the premises of a school and only the security
guard of that school has stated that this petitioner and another person
have kept the said contraband there. He next submits that the quantity
of contraband is intermediary. He then submits that although, two
criminal antecedents are there against the petitioner, however, in these
two cases, the petitioner is already on bail. He further submits that if
the Court is satisfied, the Court can grant the anticipatory bail in light
of Section 37(b)(ii) of the NDPS Act. He next submits that the case has
been registered under Sections 15(b), 18(c), 22(b) and 25 of NDPS
Act, however, in light of Section 37(b)(ii), if the case is being under
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[ 2026:JHHC:19712]
Sections 19, 24 or 27(A) of the said Act cannot be released on bail. He
also submits that the petitioner will co-operate in the investigation. He
further submits that in the similar circumstance, the other co-accused
has already been provided the privilege of anticipatory bail in A.B.A.
No. 3465 of 2026 by this court. On these grounds, he submits that
anticipatory bail may kindly be provided to the petitioner.
4. Learned A.P.P. appearing for the State has vehemently
opposed the prayer and submits that the petitioner is having criminal
antecedents and in view of that custodial interrogation is required. On
these grounds, he submits that anticipatory bail may kindly be rejected.
5. Admittedly, the said contraband has been recovered from
the premises of a school and not from the possession of this petitioner
and only the security guard of that school has disclosed the name of
this petitioner and another and the said contraband is said to be
intermediary in quantity and anticipatory bail or regular bail is for the
limited purpose and it is confined to the question of releasing the
accused on bail and at this stage, the court is called upon to see if there
is reasonable grounds for believing that the accused is not guilty and
records its satisfaction about the existence of such grounds. But the
court has not to consider the matter, as if it is pronouncing a judgment
of acquittal and recording a finding of not guilty. Further in the similar
circumstance, the other co-accused has already been provided the
privilege of anticipatory bail in the aforementioned A.B.A. by this
court.
6. In the attending facts and circumstances of the case, I am
inclined to extend the privilege of anticipatory bail to the petitioner.
7. Accordingly, the above-named petitioner is directed to
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surrender before the learned Court within three weeks from today and
in the event of his arrest or surrender, he shall be enlarged on bail on
furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of learned Special
Judge, NDPS, Latehar, in connection with Bariyatu P.S. Case No. 26 of
2026, subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.)
Dated:-06.07.2026
Amitesh/-
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