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2025 DAILYLAW 11461 (JHR)

DOCHA OREYA v. THE STATE OF JHARKHAND

B.A./3364/2025 · 2025-04-29

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:12797] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3364 of 2025 ------ Docha Oreya aged about 30 years S/o Sagar Oreya R/o village- Barkela, P.O.- Sarwada, P.S.- Murhu, District: Khunti .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Baban Prasad, Advocate Mr. Amit Kumar, Advocate Mr. Rabindra Kumar, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl.P.P ------ Order No.02 Dated-29-04-2025 Heard the parties. The petitioner has been made accused in connection with Murhu P.S. Case No.19 of 2022 corresponding to N.D.P.S. Case No.10 of 2022 registered for the offences punishable under Section 8/18/25 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in cultivation of poppy straw. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has been implicated in this case only on the basis of the confessional statement of the co-accused person. It is then submitted that the petitioner has been in custody since 10.01.2025 as mentioned in para-5 of the instant bail application. It is further submitted that the petitioner has no criminal antecedent as mentioned in para-5 of the supplementary affidavit. It is further submitted that the co-accused, with similar allegations, has already been admitted to bail by this Court vide order dated 23.04.2025 passed in B.A. No.3219 of 2025. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State opposes the prayer for bail of the petitioner and submits that as per the FSL Report, the sample seized from the field contained poppy straw but the quantum of cultivation has not been mentioned anywhere. Considering the facts of this case, the above-named petitioner is directed to be enlarged 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 Additional Sessions Judge-II, Khunti in connection with Murhu P.S. Case No.19 of 2022 corresponding to N.D.P.S. Case No.10 of 2022 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case. (Anil Kumar Choudhary, J.) Saroj/