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2025 DAILYLAW 11185 (JHR)

MOJAHID SAI ALIAS MUJAHID SAH v. THE STATE OF JHARKHAND

B.A./3512/2025 · 2025-05-02

Anil Kumar Choudhary

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Judgment text

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( 2025:JHHC:13371 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3512 of 2025 ------ Mojahid Sai @ Mujahid Sah, aged about 28 years, Son of Late Ajim Sai, Resident of village –Charka, P.O. –Narainpura, P.S.- Pratappur, District –Chatra, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Awadhesh Pandey, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P. ------ Order No.02 Dated- 02.05.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Dhurki P.S. Case No.16 of 2023 registered for the offences punishable under sections 18/27(a)/28 and 29 of the N.D.P.S. Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal and clandestine cultivation of opium. It is further submitted that the allegations against the petitioner are all false and he has been implicated in this case only on the basis of confessional statement of the co-accused person. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no.06 of the bail application. It is then submitted that the petitioner has been in custody since 01.03.2025, as has been mentioned in paragraph no. 10 of the bail application. It is further submitted that the petitioner has no concern with the land on which the alleged cultivation of opium was made. It is next submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Spl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Garhwa, in connection with Dhurki P.S. Case No.16 of 2023 with the condition that the petitioner will cooperate with the trial of the case and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Sonu-Gunjan/