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2025 DAILYLAW 8447 (JHR)

MAHIPAL MAHTO v. THE STATE OF JHARKHAND

A.B.A./2251/2025 · 2025-04-09

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:10959] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A No.2251 of 2025 ------ 1. Mahipal Mahto, aged about 39 years S/o Dinanath Mahto 2. Hiralal Mahto, aged about 46 years S/o Monika Mahto 3. Rameshwar Bhogta, aged about 65 years S/o Guruwa Bhogta 4. Rakesh Swansi, aged about 42 years, S/o Vigal Swanshi 5. Ghasi Ram Mahto, aged about 32 years S/o Bhagirath Mahto All resident of Village-Sataki Kokrodih, P.O. + P.S.-Rahe,Dist.- Ranchi .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Ms. Nanda Kumari, Advocate Mr. Abhinay Preet, Advocate Mr. Pal Priyam, Advocate For the State : Mr. Vishwanath Roy, Addl. P.P ------ Order No.02 Dated- 09-04-2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Rahe P.S. Case No.06 of 2025 registered for the offences punishable under Sections 18C of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in illegal cultivation of opium. It is further submitted that the allegations against the petitioners are all false and the petitioners have no criminal antecedent as has been mentioned in para-11 of the instant anticipatory bail application. It is next submitted that the petitioners have been implicated in this case on the basis of secret information received by the police and the statement of the co-accused – Jagannath Mahto. It is further submitted that no plot number or khata number of the land upon which cultivation of opium was made has been disclosed. It is next submitted that the co- accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 25.03.2025 passed in ABA no. 1826 of 2025. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.20,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Commissioner, Ranchi, in connection with Rahe P.S. Case No.06 of 2025 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of his Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Rohit/