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2025 DAILYLAW 16630 (JHR)

MATIYAS KANDULNA v. THE STATE OF JHARKHAND

B.A./5419/2025 · 2025-07-07

Anil Kumar Choudhary

Public Interest Litigationbody2025

Judgment text

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( 2025:JHHC:18235 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5419 of 2025 ------ Matiyas Kandulna, aged about 30 years, S/o Late Junas Kandulna, R/o –Village –Gumpila, Master Toli, P.O. – Bamhani, P.S. –Torpa, District –Khunti, State –Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Raj Nandan Chatterjee, Advocate For the State : Mrs. Mohua Palit, Addl. P.P. ------ Order No.02 Dated- 07.07.2025 Heard the parties. The petitioner has been made accused in connection with N.D.P.S. Case No.31 of 2025 arising out of Torpa P.S. Case No.14 of 2025 registered for the offences punishable under Section 18 of the NDPS Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal cultivation of opium. It is submitted that the allegation against the petitioner is false. It is next submitted that there is no FSL report is in the record, to suggest that the seized plants were poppy plants. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in para-16 of this bail application. It is next submitted that the charge sheet has been submitted without any FSL report. It is next submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is then submitted that the petitioner has been in custody since 10.02.2025 as is evident from para-22 of this bail application. It is lastly submitted that the co-accused person has already been admitted to bail by this Court vide order dated 01.07.2025 in B.A. No. 5234 of 2025. Hence it is submitted that the petitioner be released on bail. The learned Addl. P.P. opposes the prayer for bail. 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 Special Judge, NDPS, Khunti in connection with N.D.P.S. Case No.31 of 2025 arising out of Torpa P.S. Case No.14 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.) Sonu-Gunjan/