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Md. Afroj vs The Union Of India Through Ncb
2025 Latest Caselaw 7449 Jhar

Citation : 2025 Latest Caselaw 7449 Jhar
Judgement Date : 3 December, 2025

[Cites 3, Cited by 0]

Jharkhand High Court

Md. Afroj vs The Union Of India Through Ncb on 3 December, 2025

Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. A. (DB) No. 1028 of 2025
                                   --------

Md. Afroj, aged about 24 years, Son of Md. Samim, R/o-Vill- Khirodharpur, P.O. & P.S. Khushrupur, Dist. Patna (Bihar) ... ... Appellant Versus The Union of India through NCB ...... Respondent Cr. A. (DB) No. 1033 of 2025

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Satish Kumar, aged about 23 years, son of Kunna Ray, R/o-Vill-Jethuli, Kachchidargah, P.O. Fatwah, P.S. Nadi, Dist. Patna (Bihar) ... ... Appellant Versus The Union of India through NCB ...... Respondent Cr. A. (DB) No. 1133 of 2025

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Umesh Kumar @ Umesh Kumar Yadav, aged about 42 years, son of Late Vihari Ray, R/o-Vill-Jethuli, P.O. & P.S.-Nadi, Dist. Patna, Bihar-803201 ... ... Appellant Versus The Union of India through Intelligence Officer, NCB, Ranchi, Sub-

 Zone-Ranchi                                     ...... Respondent

                             --------

CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellants : Mr. Nilesh Kumar, Advocate Mr. Ramesh Kumar, Advocate

For the UoI : Mr. Prashant Pallav, ASGI Mr. Bajrang Kumar, AC to ASGI

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rd Order No. 04/ Dated: 03 December, 2025

With

With

Heard Mr. Nilesh Kumar, learned counsel for the appellants and

learned ASGI appearing for the N.C.B.

2. All these applications have been preferred on behalf of appellants

for grant of bail to them, during the pendency of these appeals.

3. The appellants have been convicted for the offences under Sections 20(b)(ii)(C), 27(A) & 29 of the NDPS Act and maximum

sentence imposed upon the appellants is R.I. for 20 years along with a

fine of Rs. 2 Lakhs.

4. It has been alleged that a TATA Truck, which was parked on the

road, was searched by the N.C.B. Team and on the said truck, 1050 KG

of Ganja was recovered. The driver of the truck was apprehended.

Subsequent to the information provided by the driver of the truck, raid

was conducted in Room No. 11 and 15 of the Amanlok Residency from

where, the present appellants were apprehended.

5. Submission has been advanced by Mr. Nilesh Kumar, learned

counsel for the appellant Md. Afroj that nothing incriminating was

recovered from the possession of the said appellant. It has been

submitted that the appellant has been implicated, primarily on account of

the fact that he was in the Innova Car which was following the truck.

Learned counsel for the appellant submits that appellant is in custody

since 11.02.2021.

6. Mr. Nilesh Kumar, learned counsel for the appellant in I.A. No.

11582 of 2025 has also submitted that so far as the appellant Satish

Kumar is concerned, his presence was noted in the hotel and nothing

incriminating was found from the room from where he was apprehended.

7. So far as the appellant Umesh Kumar is concerned, who is in I.A.

No. 14507 of 2025, Mr. Nilesh Kumar, learned counsel has similarly

submitted that he was also found in the hotel and no incriminating

material was recovered from his possession.

8. Learned A.S.G.I. appearing for the N.C.B. has opposed the prayer

for bail of appellants and has extensively read the judgment and has

Cr. A. (DB) No. 1028, 1033, 1133 of 2025 categorically stated that so far as the appellant Umesh Kumar is

concerned, there was a large number of suspicious transactions in his

bank accounts which can be directly connected to the supplier of the

Ganja. Learned ASGI further submits that as regards the appellant Md.

Afroj is concerned, he was one of the conspirators in the entire chain of

the transportation of the Ganja and therefore none of the appellants

deserves to be released on bail, during the pendency of these appeals.

9. So far as the appellant Umesh Kumar in I.A. No. 14507 of 2025 is

concerned, it has come in evidence that there was a huge suspicious

transaction in his bank account, apart from various other incriminating

articles recovered from his possession including ATM Cards which

categorically reveals about his link in the chain of circumstances relating

to transportation of Ganja.

10. In view of the overwhelming materials on record as against the

appellant Umesh Kumar, we are not inclined to admit the appellant

Umesh Kumar on bail and accordingly I.A. No. 14507 of 2025 stands

rejected.

11. So far as the appellants Md. Afroj and Satish Kumar are

concerned, they were apprehended from a room of Amanlok Residency

Hotel and admittedly nothing incriminating were recovered from their

possession and they have been convicted primarily on account of being

the conspirators in the entire episode.

12. On such consideration, the appellants Md. Afroj and Mr. Satish

Kumar, during the pendency of these appeals, are directed to be released

on bail.

13. Accordingly, I.A. No. 14507 of 2025 stands rejected while the

Cr. A. (DB) No. 1028, 1033, 1133 of 2025 appellants Md. Afroj in I.A. No. 11581 of 2025 and appellant Mr. Satish

Kumar in I.A. No. 11582 of 2025 are directed to be released on bail on

furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with

two sureties of the like amount each, to the satisfaction of learned Addl.

Sessions Judge-I-cum-Special Judge, Simdega in N.D.P.S Case No. 09 of

2021, arising out of N.C.B. Crime No. 05/NCB/Ranchi, 2021.

14. All these interlocutory applications stand disposed of.

(Rongon Mukhopadhyay, J.)

(Pradeep Kumar Srivastava, J.) 03.12.2025 Basant/Arpit Uploaded on 06.12.2025

Cr. A. (DB) No. 1028, 1033, 1133 of 2025

 
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