Saddam Khan vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel appearing for the petitioner and learned counsel appearing on behalf of the respondent State.

This application has been filed for grant of regular bail to  the  petitioner  in  connection  with  Adityapur  P.S.  Case  No.333  of 2022 corresponding to NDPS Case No.13 of 2023, registered for the offence under sections 25(1-B)(a)/ 26/ 35 of the Arms Act and Sections 17(b)/ 21(b)/ 27 (A) and 29 of Narcotic Drugs and Psychotropic  Substances  Act,  pending  in  court  of  learned  Principal District and Sessions Judge, at Seraikella.

The learned counsel appearing for the petitioner submits that the petitioner has earlier moved before this Court and the Coordinate Bench has rejected the regular bail of this petitioner by order dated 4.2.2025 in B.A. No.7699 of 2024 observing that the prayer  for  bail  may  be  renewed  after  eight  months.  He  next  submits that the coaccused has been granted regular bail in BA No.4247 of 2025  and  the petitioner  is  in  custody  since  13.2.2022,  that  is,  more than  three  years.  He  further  submits  that  even  the  contraband  which has been recovered is intermediary in quantity.

The learned counsel appearing on behalf of the respondent State opposed the prayer of regular bail of the petitioner and submits that the recovery is there from the possession of the petitioner.

Considering that the said contraband is intermediary in quantity and the coaccused has been granted regular bail and the petitioner  is  in  custody  since  13.2.2022,  that  is,  nearly  three  years and  charge  has been  framed  and it  has  been pointed  out  that only one witness has been examined out of 8 witnesses and the Coordinate Bench has observed earlier to renew the said prayer after 8 months, I am inclined to grant regular bail to the petitioner.

Accordingly, petitioner, above named, is hereby directed to 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 Principal District and Sessions Judge, at Seraikella, in connection with Adityapur P.S. Case No.333 of 2022 corresponding to NDPS Case No.13 of 2023.