Rahul Kumar Jha vs State Of Jharkhand

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and

video qualities are good.

04/11.01.2021 The present application has been filed for grant of regular bail to the petitioner in connection with Adityapur P.S. Case No.82 of 2020,

registered under Sections 17/ 21(b)/ 25 of the N.D.P.S. Act.

Learned counsel for the petitioner has submitted that the allegation against the applicant is not true. It has been further submitted that without showing

the quantity of the seized item, the present case has been lodged. It has been further submitted that there is no material suggesting that the material

seized is really the alleged brown sugar. It has been further submitted that the similarly situated person, namely, Aman Khan has already been granted

bail by the Co-ordinate Bench of this Court vide order dated 15.12.2020 passed in B.A. No. 9815 of 2020. Petitioner is in judicial custody since

28.06.2020. Hence, he deserves to be enlarged on bail.

Learned Spl.P.P. has opposed the prayer for bail of the petitioner and submission has been advanced that bail of some of the accused has already

been rejected. Since there is recovery of brown sugar and as such the petitioner does not deserve to be enlarged on bail.

Heard learned counsel for the parties. Perused the material available on record, it appears that vide order dated 03.11.2020, the State has been

directed to file affidavit disclosing the quantity of brown sugar recovered from each of the co-accused persons. The affidavit has been filed stating

that inadvertently weight has not been taken.

Considering the fact and the period of custody, the petitioner, named above, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/-

(Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Principal Session & District Judge, Seraikella in

connection with Adityapur P.S. Case No.82 of 2020 subject to the condition that petitioner will submit self attested copy of his Aadhar Card and also

give his mobile number before the learned court below which he will not change during pendency of this case without prior permission of the court.