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2025 DAILYLAW 33722 (JHR)

SAKINDRA MUNDA v. THE STATE OF JHARKHAND

A.B.A./5977/2025 · 2025-10-13

Sanjay Kumar Dwivedi

body2025

Judgment text

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1 A.B.A. No. 5977 of 2025 2025:JHHC:31582 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 5977 of 2025 ---- Sakindra Munda, aged about 38 years son of Shanicharava Munda resident of Vill. Borsidag, PO Hutap PS Chandwa Dist Latehar, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Vishnu Prabhakar Pathak, Advocate For the State :- Mr. N.K. Ganjhu, Advocate ---- 4/13.10.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Chandwa PS Case No.42 of 2025, for offence registered under section 18 of NDPS Act, pending in court of learned Special Judge, NDPS, Latehar. 3. Learned counsel for petitioner submits that false allegations are made against the petitioner of cultivation of poppy plant and even the land was not belonging to the petitioner and the petitioner has got one criminal antecedent of different nature of altercation. He further submits that coaccused persons have been granted anticipatory bail in ABA Nos.4381 of 2025, 4846 of 2025, 5068 of 2025 and 5070 of 2025. 4. Learned State counsel opposes prayer and submits that the persons who have been granted anticipatory bail were not having criminal antecedent, however, the petitioner is having one criminal antecedent. 5. The petitioner is having one criminal antecedent of altercation and there is no doubt that criminal antecedent can be one of the consideration in allowing or rejecting the anticipatory bail or the regular bail, however, that cannot be a sole criterion to reject or to allow the anticipatory bail or 2 A.B.A. No. 5977 of 2025 regular bail. The coaccused persons have been granted anticipatory bail and even the land is not of the petitioner as stated by the learned counsel for the petitioner, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Special Judge, NDPS, Latehar, in connection with Chandwa PS Case No.42 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 13.10.2025 SI/