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2025 DAILYLAW 7890 (JHR)

FAGU MUNDA ALIAS PHAGU MUNDA v. THE STATE OF JHARKHAND

B.A./2407/2025 · 2025-05-02

Pradeep Kumar Srivastava

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Judgment text

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2025:JHHC:13203 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2407 of 2025 -------- Fagu Munda @ Phagu Munda, aged about 52 years, Son of Lakhi Ram Munda, resident of Chamargarha, P.O. & P.S. Chouparan, Dist.- Hazaribag (Jharkhand) ... ... Petitioner Versus The State of Jharkhand … … Opp. Party ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mrs. Priyanka Agrawal, Advocate For the State : Mr. Bhola Nath Ojha, Sp.PP -------- Order No. 05/ Dated: 02nd May, 2025 Heard learned counsel for the parties. 2. The petitioner has been made an accused in connection with N.D.P.S. Case No. 21/2024, arising out of Chouparan P.S. Case No. 60/2024 registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Sections 17(C), 18(B), 22(C) of the N.D.P.S. Act, pending in the Court of learned Additional Sessions Judge-I, Hazaribag. 3. Learned counsel for the petitioner submits that earlier the regular bail application of the petitioner has been rejected vide order dated 09.07.2024 passed in B.A. No. 4661 of 2024 since out of six charge- sheet witnesses, not a single witness has been examined as yet therefore there is no likelihood of conclusion of the trial within short span of time and the petitioner is in custody for more than one year since 06.03.2024 4. Learned Spl. P.P appearing for the State is present and vehemently opposed the prayer for regular bail and submitted that petitioner in his confessional statement has admitted about his involvement in the alleged occurrence and there is contraband substance of 3.100 kg opium which has been seized from dicky of motorcycle and from F.S.L report it also appears that seized article found to be “morphine, codenine and thebaine”, hence, the petitioner may not be released on bail. 5. Considering the aforesaid facts and circumstances of the case and gravity of the offence, not inclined to grant bail to the petitioner however 2025:JHHC:13203 2 B.A. No. 2407 of 2025 the learned trial Court itself has put limits to conclude the trial within six months therefore the petitioner shall be at liberty to renew his bail after six months if trial is not concluded within six months. (Pradeep Kumar Srivastava, J.) Basant