Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15349 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3110 of 2025
----- 1.Vishwanath Ganjhu, S/o Charan Ganjhu 2.Tripurari Ganjhu, S/o Parasnath Ganjhu, both are R/o Village Tithi Badgoun P.O. and P.S. Kunda, District- Chatra presently both are residing at Village Tikda, P.O. and P.S.- Lawalong, District- Chatra 3.Suresh Ganjhu, S/o Ramavtar Ganjhu, R/o Village- Tithi Badgoun, P.O. and P.S.- Kunda, District- Chatra at present residing at Village- Lakachari (Gedi), P.O. and P.S. Lawalong, District- Chatra
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s)
------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Abhay Kumar Chaturvedy, Advocate For the State : Mr. Bhola Nath Ojha, AddI. P.P
…......
04/ 13.06.2025 Heard, learned counsel for the petitioners and learned counsel for the State.
2.
The present anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanha, has been preferred by the petitioners apprehending their arrest for the offences registered under Section 27(a), 28, 29, 30 of N.D.P.S. Act.
3.
Learned counsel for the petitioners submits that the report based on which the F.I.R. has been lodged is not an information rather request to take appropriate step on the complaint case, which was earlier filed. He submits that there is already a complaint which is pending on the same subject on the same issue and on the same facts, which is Complaint Case No.1170 of 2021.
4.
After going through the documents especially Annexures- 1 and 2, I find that for the offence of allegedly cultivating poppy, by the petitioners, Complaint Case No.1170 of 2021 was lodged. Based on Letter No.410 dated 08.11.2021, the instant F.I.R. has been instituted. The letter suggest that the complaint case was earlier filed and request has been made to take appropriate steps. The said letter has been
converted into the F.I.R. Prima facie, this Court is of the opinion that the said letter could not have been converted into the F.I.R., when the steps were already taken and information has already been merged. In view of the aforesaid fact, this Anticipatory Bail Application stands allowed.
5.
The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Court of Sessions Judge cum Special Judge NDPS, Chatra in connection with Lawalong Police Station Case No.75 of 2021, subject to the condition that one of the bailers should be a close relative of the petitioners and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.
(ANANDA SEN, J.) R.S./