Extracted from the PDF above. The PDF is authoritative.
[ 2025:JHHC:10267] IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 2176 of 2025
Aklesh Ganjhu, aged about 33 years, Son of Dasrath Ganjhu Resident of village- Pasagam, P.O and P.S. - Lawalong, District- Chatra
… Petitioner
Versus
The State of Jharkhand
… Opp. Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Abhay Kr. Chaturvedy, Adv. For the State
: Mr. Sanat Kr. Jha, Addl.PP
02 / 03.04.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Lawalong P.S. Case No.75 of 2023 instituted for the offences punishable under Sections 18, 27 (a), 28/29/30 of the N.D.P.S. Act and under Section 33 of the Indian Forest Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in cultivation of poppy plants. It is submitted that the allegation against the petitioner 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-17 of the instant bail application, learned counsel for the petitioners submits that the petitioner has 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. It is lastly submitted that the co-accused with similar allegations have already been granted privilege of anticipatory bail by this court vide order dated 27.03.2025 passed in ABA no. 2024 of 2025, hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this
order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and 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 CJM, Chatra in connection with Lawalong P.S. Case No.75 of 2023 subject to the condition that the petitioner will co- operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.
(ANIL KUMAR CHOUDHARY, J.) Smita/-