Birdanand Paswan vs The State Of Jharkhand
2025 Latest Caselaw 7051 Jhar

Jharkhand High Court

Birdanand Paswan vs The State Of Jharkhand on 20 November, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Appeal (D.B.) No. 2204 of 2023
                                       With
                              I.A. No. 13726 of 2025
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             Birdanand Paswan, son of late Dadan Paswan, resident of Ranisagar, P.O and
             P.S. Shahpur, District Aara, Bhojpur, Bihar.         ...... Appellant(s)
                                        Versus
             The State of Jharkhand                               ......Respondent(s)
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                   CORAM        : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s): Mr. Shivam Utkarsh Sahay, Advocate.

                   For the State        : Mr. Vishwanath Roy, A.P.P.
                                           -----

                                I.A. No. 13726 of 2025

07/20.11.2025:     By filing this interlocutory application, the appellant renewed his prayer

to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted in connection with NDPS Case No. 07/2021, arising out of T. Tangar P.S. Case No. 19/2021, for the offence under Section(s) 20, 22, 27A of the NDPS Act. He has been sentenced to undergo rigorous imprisonment for twelve years and fine of Rs.1,00,000/- under Section 20 of the NDPS Act and other punishment for other offences.

3. Heard the learned counsel for the appellant and learned A.P.P for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

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

5. This is the second attempt by the appellant for releasing him on bail after suspension of sentence. The allegation is that in a vehicle 92 Kg of Ganja was recovered. Admittedly the appellant was driving the vehicle.

6. Counsel for the appellant submits that one of the accused, namely Sarabjeet Prasad has been granted bail after suspension of sentence in Cr. Appeal (DB) No. 1820 of 2023 vide order dated 18.11.2025 by a Co-ordinate Bench of this Court.

7. We have gone through the aforesaid order and also gone through the provisions of the NDPS Act. The material, which was recovered from the vehicle, driven by this appellant, is Ganja and the quantity is 92 Kg, which is definitely the commercial quantity. The order by which, co-accused, namely, Sarabjeet Prasad was granted bail never takes into consideration Section 37 of the NDPS Act.

8. Considering the quantity of the material, recovered from the vehicle, which is commercial quantity, we are not inclined to release the appellant on bail, more so, the appellant has not completed half of the sentence in custody.

9. Accordingly, I.A. No. 13726 of 2025 is dismissed.

(ANANDA SEN, J.)

20th November, 2025 (GAUTAM KUMAR CHOUDHARY, J.) Anu/Cp3.