Samindar Yadav @ Sailendra Kumar son of Buta Yadav @ Buta Mahto v. State of Jharkhand
2025-10-07
SANJAY KUMAR DWIVEDI
body2025
DigiLaw.ai
JUDGMENT : Sanjay Kumar Dwivedi, J. Heard learned counsels for petitioner and for State appearing through Video Conferencing [V.C.]. 2. The petitioner is apprehending his arrest in connection with Bashista Nagar PS Case No.71 of 2023, for offence registered under section 17(b), 18, 20, 21, 25A, 27(a) and 29 of Narcotic Drugs and Psychotropic Substances Act, pending in court of learned Sessions Judge, Chatra. 3. Learned counsel for petitioner submits that the petitioner has nothing to do with the opium which has been recovered from the bag thrown away by the motorcycle rider. He then submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.81 of the case diary and that fact is also stated in paragraph no.16 of the present petition. He submits that name of the petitioner has come only on confessional statement of unknown persons and even name of those persons have not been disclosed in the FIR or in the case diary. 4. Learned State counsel appearing through Video Conferencing [V.C.] opposes prayer and submits that from the bag two kg opium was recovered, however, she accepts the submission of the learned counsel for the petitioner that the petitioner has got no criminal antecedent that has come in paragraph no.81 of the case diary. 5. In paragraph no.81 of the case diary it has come that the petitioner has got no criminal antecedent and allegation is made of recovery of 2 kg opium from the thrown bag and the motorcycle rider has fled away and even the name of the persons who has disclosed the name of the petitioner have not been disclosed in the FIR and in the case diary, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sessions Judge, Chatra, in connection with Bashista Nagar PS Case No.71 of 2023, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.