Nilesh Mahto @ Nilesh Kushwaha vs The State Of Jharkhand
2025 Latest Caselaw 7858 Jhar

Jharkhand High Court

Nilesh Mahto @ Nilesh Kushwaha vs The State Of Jharkhand on 18 December, 2025

Author: Ambuj Nath

Bench: Ananda Sen, Ambuj Nath

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Criminal Appeal (D.B.) No.313 of 2024
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   Nilesh Mahto @ Nilesh Kushwaha, son of Kiran Mahto, resident of
   Koiri Para, Kushwaha Tola, P.O. Barharwa, P.S. Barharwa, District
   Sahibganj.                                        ... ... Appellant
                                 Versus
   The State of Jharkhand.                         ... ... Respondent
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              CORAM       : SRI ANANDA SEN, J.

: SRI AMBUJ NATH, J.

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For the Appellant : Mr. Gautam Kumar, Advocate Mr. Sanjay Kumar, Advocate Ms. Savita Kumari, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P.

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06/ 18.12.2025 I.A. No. 10866 of 2025 By filing this Interlocutory Application, the appellant made second attempt to release him on bail after suspension of sentence, during pendency of this Criminal Appeal.

2. Earlier, the application for suspension of sentence of the appellant was dismissed vide order dated 25.06.2024 passed in I.A. No.4272 of 2024.

3. The appellant has been convicted in connection with NDPS Case No.08 of 2022, arising out of Barharwa P.S. Case No.39 of 2022, for offences under Section 21(c) of the NDPS Act. He has been sentenced to undergo rigorous imprisonment of 15 years with fine of Rs.1,00,000/-.

4. Heard learned counsel representing the appellant and learned A.P.P. representing the State, and have gone through the impugned judgment and the Trial Court Records.

5. Learned counsel representing the appellant submitted that from the evidence available on record, it would be evident that the appellant was neither apprehended on the spot nor anything was recovered from his possession. He further submitted that the appellant is also not the registered owner of the vehicle, which was seized by the Police and from which commercial quantity of cough syrups was recovered.

6. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

7. From perusal of the materials available on record, it appears that one Manoj Kumar Agarwal is the registered owner of the seized vehicle, from which commercial quantity of cough syrups was recovered. The Investigating Officer has stated that Manoj Kumar Agarwal had made a statement that he has sold the said vehicle to this appellant, however, Manoj Kumar Agarwal has not been examined as a witness. Further, the prosecution has not got any evidence on record that the vehicle in question belongs to this appellant.

8. In view of the aforesaid facts, we are inclined to allow this application for suspension of sentence.

9. Accordingly, upon suspending the sentence, the appellant is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Sahibganj, in NDPS Case No.08 of 2022, arising out of Barharwa P.S. Case No.39 of 2022, subject to the condition that one of the bailor must be the close relative of the appellant who will have sufficient landed property in his / her own name and another bailer should be the local resident with a further condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Sahibganj, once in every four months till the disposal of this Appeal.

10. This interlocutory application is, accordingly, allowed.

(ANANDA SEN, J.)

(AMBUJ NATH, J.)

18th December, 2025 Prashant Cp-03