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2025 DAILYLAW 32929 (JHR)

DEWALI GANJHU v. STATE OF JHARKHAND

A.B.A./6195/2025 · 2025-10-29

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:32549 --1-- A.B.A. No. 6195 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6195 of 2025 ---- Dewali Ganjhu, S/o Bhairo Ganjhu, aged about 37 years, resident of village – Dekadiri, PO – Balubhang, PS – Bariyatu, District – Latehar, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Shahid Yunus, Advocate For the State :- Mr. Sunil Kumar Dubey, Advocate ---- 04/29.10.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Bariyatu P.S. Case No.10 of 2025, for the alleged offences registered under Section 111(4) of Bharatiya Nyaya Sanhita, 2023 and Section 15(c), 17(c), 18(b), 22, 25 and 29 of NDPS Act pending in the Court of learned Special Judge, NDPS, Latehar. 3. Learned counsel appearing for the petitioner submits that false allegation is made against the petitioner of cultivation of poppy plants on the forest land. He further submits in identical situation co- accused persons have been granted anticipatory bail in ABA Nos.4428 of 2025, 4862 of 2025 and 4889 of 2025. He then submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.6 of the petition. He also submits that even the land is not belonging to the petitioner. 2025:JHHC:32549 --2-- A.B.A. No. 6195 of 2025 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there against the petitioner of cultivation of poppy plants. 5. Considering that the said land is of the forest area and the allegations are made that on the said forest land poppy plant has been cultivated and the land is also not belonging to the petitioner and the petitioner has got no criminal antecedent as disclosed in paragraph No.6 of the petition and in identical situation co-accused persons have been granted anticipatory bail in aforesaid ABAs, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released 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, Latehar in connection with Bariyatu P.S. Case No.10 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 29.10.2025 Sangam/