Jharkhand High Court
Akshay Kumar @ Nanhe Kumar vs The State Of Jharkhand …. …. … on 13 June, 2025
Author: Rajesh Kumar
Bench: Rajesh Kumar
2025:JHHC:15595
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3012 of 2025
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Akshay Kumar @ Nanhe Kumar, aged about 22 years, Son of Late Sheshnath
Singh @ Shesnag, Resident of Village-Baikunth Patti @ Sujatpur Tilanga Sant
Ravidas Nagar Uttar Pradesh, P.O + P.S. Gyanpur, District-Bhadohi, U.P
…. …. Petitioner(s)/Applicant(s)
Versus
The State of Jharkhand …. …. Opposite Party
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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s)/Applicant(s) : Mr. Avishek Prasad, Adv.
For the State : Mr. Bhola Nath Ojha, Special P.P.
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th
03/Dated: 13 June, 2025
1. Heard learned counsel for the applicant and learned counsel for the State.
2. The applicant, who is in custody since 06.03.2023, has renewed his prayer
for grant of regular bail in connection with Gumla P.S. Case No.71 of 2023,
corresponding to NDPS Case No.13 of 2023, registered for the offence under
Sections 279 of the Indian Penal Code and Sections 20(b)(ii)(C)/22(c) & 29 of the
NDPS Act, pending in the court of learned Additional Sessions Judge-III, Gumla.
3. It appears that 433 kgs of Ganja has been recovered from a truck and this
applicant has been alleged to be Khalasi of the said vehicle.
4. It has been submitted by the learned counsel for the applicant(s) that
complete set of FIR along with its enclosure have been annexed with this bail
application and there is no suppression on his/her part.
Innocence has been claimed by the learned counsel for the applicant and
undertaking has been given for participation in the trial. It has been submitted that
the charge has already been framed against this applicant on 21.12.2023. Further,
it has been submitted that co-accused has already been granted bail by the Co-
ordinate Bench of this Court vide order dated 11.03.2025 passed in B.A No.350 of
2025. Further, this applicant has remained in custody for more than two years.
On the above basis, prayer for bail has been made.
5. Learned counsel for the State has opposed the prayer for bail.
6. In compliance of the court’s order dated 25.04.2025, a report has been
submitted by the Trial Court and from perusal of the same, it appears that out of
eleven charges-sheeted witnesses, two have been examined till date. Now the
2025:JHHC:15595
case has travelled in the arena of Article 21 of the Constitution of India by which,
a person cannot be kept behind the bar without fair and speedy trial.
7. Considering the period of custody undergone by this applicant and the fact
that similarly situated co-accused has already been granted bail, I am inclined to
enlarge the applicant on bail. Accordingly, the applicant, named above, is directed
to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge-III, Gumla in connection with Gumla P.S.
Case No.71 of 2023, corresponding to NDPS Case No.13 of 2023, subject to
condition that the applicant(s) will submit self-attested photocopy/photocopies of
his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s)
before the learned court below which he/she/they will always keep active and will
not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
A.Mohanty/Raja/-
Uploaded
2. B.A No.3012 of 2025