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2025 DAILYLAW 14422 (JHR)

BUDHRAM MUNDA v. STATE OF JHARKHAND

B.A./5968/2025 · 2025-07-17

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:19573] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5968 of 2025 ------ 1. Budhram Munda aged about 27 years son of Late Manjhi Ram Munda resident of village- Meromjanga, P.O.- Chhota Bardi, P.S.- Kuchai, Distt.- Seraikella-Kharsawan (Jharkhand) 2. Sona Patar aged about 26 years son of Budhram Patar resident of village- Kudadih, P.O. Chhota Bardi, P.S.- Kuchai, Distt.- Seraikella-Kharsawan (Jharkhand) .... .... …. Petitioners Versus The State of Jharkhand .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rajesh Kr. Mishra, Advocate Mr. Gautam Kumar, Advocate Mr. Sudhir Kr. Srivastava, Advocate For the State : Mr. Pankaj Kumar, P.P ------ Order No.02 Dated- 17-07-2025 Heard the parties. The petitioners have been made accused in connection with Kuchai P.S. Case No.08 of 2025 corresponding to N.D.P.S. Case No.08 of 2025 (M.C.R.A. No.508 of 2025) registered for the offences punishable under Section 8, 18 of the N.D.P.S. Act. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in illegal cultivation of opium. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-06 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is next submitted that without obtaining FSL report as to whether the seized plants were in fact poppy plants; charge sheet has been submitted by the police, in this case. It is further submitted that the co-accused, with similar allegations, has already been admitted to bail by this Court vide order dated 02.07.2025 passed in B.A. No.5264 of 2025. It is then submitted that the petitioners undertake that they will co-operate with the trial of the case. It is lastly submitted that the petitioners have been in custody since 31.01.2025 as is evident from para-05 of the instant bail application. Hence it is submitted that the petitioners be released on bail. Learned P.P. opposes the prayer for bail. Considering the facts of this case, the above-named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge at Seraikella in connection with Kuchai P.S. Case No.08 of 2025 corresponding to N.D.P.S. Case No.08 of 2025 (M.C.R.A. No.508 of 2025) with the condition that they will co-operate with the trial of the case and furnish their mobile number and photocopy of the Aadhar Card in the court below with an undertaking that they will not change their mobile number during the trial of the case. (Anil Kumar Choudhary, J.) Animesh/