Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 9072 (JHR)

DEWNATH GANJHU ALIAS DEWNATH KUMAR GANJHU v. THE STATE OF JHARKHAND

A.B.A./2024/2025 · 2025-03-27

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2024 of 2025 ------ 1. Dewnath Ganjhu @ Dewnath Kumar Ganjhu, Aged about 30 years, Son of Kamdeo Ganjhu 2. Mandrup Ganjhu @ Matru Ganjhu, aged about 30 years, Son of- Kamal Ganjhu Both Resident of village- Pasagam, P.O. and P.S.- Lawalong, District- Chatra .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Subodh Kr. Dubey, Addl.P.P ------ Order No.02 Dated- 27-03-2025 Heard the parties. Apprehending their arrest in connection with Lawalong P.S. Case No.75 of 2023 instituted under Sections 18, 27 (a), 28/29/30 of the N.D.P.S. Act and under Section 33 of the Indian Forest Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in cultivation of poppy plants. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards the order dated 03.12.2024 passed by a co-ordinate Bench of this Court in A.B.A. No.7492 of 2024 passed in respect of the co-accused persons, learned counsel for the petitioners submits that the sample of the seized plants were sent for forensic examination to State Forensic Science Laboratory, Ranchi and as per the report furnished, “No opinion is possible on the plant roots contained in polythene box Marked A1, as no capsular fruits were present.” It is next submitted that in the absence of any report to suggest that the seized plants were, in fact poppy plants, cognizance of only for the offence punishable under Section 33 of the Indian Forest Act, has been taken and the case was remitted by the Special Judge in the court of Chief Judicial Magistrate, Chatra. Drawing attention of this Court towards para-16 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, Chatra in connection with Lawalong P.S. Case No.75 of 2023 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/