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2025 DAILYLAW 14481 (JHR)

ODAR MUNDA ALIAS OTHAR MUNDA v. THE STATE OF JHARKHAND

B.A./4616/2025 · 2025-06-17

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15892] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4616 of 2025 ------ Odar Munda @ Othar Munda aged about 50 years son of Late Muchiray munda resident of village- Siyadih Tola Nawadih, P.O.+P.S.- Kuchai, Distt.- Seraikella-Kharsawan (Jharkhand) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Md. Fahad Allam, Addl.P.P ------ Order No.02 Dated-17-06-2025 Heard the parties. The petitioner has been made accused in connection with Kuchai P.S. Case No.11 of 2025 (NDPS Case No.12 of 2025) registered for the offence punishable under Sections 17(b), 18, 20, 22 of the NDPS Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was cultivating opium. It is next submitted that the allegation against the petitioner is false. It is then submitted that there is no FSL Report available in the record to support the contention of the prosecution that the seized plants were poppy plants. 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. It is then submitted that the petitioner has been in custody since 12.02.2025 as is evident from para-5 of the instant bail application. It is further submitted that the petitioner has no criminal antecedent as mentioned in para-6 of the instant bail application. 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. 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 the learned Sessions Judge, Seraikella in connection with Kuchai P.S. Case No.11 of 2025 (NDPS Case No.12 of 2025) 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/