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2025 DAILYLAW 9678 (JHR)

RAJESH KUMAR YADAV ALIAS RAJESH YADAV v. THE STATE OF JHARKHAND

A.B.A./2207/2025 · 2025-04-08

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:10843 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2207 of 2025 ------ Rajesh Kumar Yadav @ Rajesh Yadav, aged about 30 years, son of Kailash Yadav, resident of Hedum, P.O. & P.S.- Lawalong, Dist.-Chatra … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Manish Yadav, Advocate For the State : Mr. Bhola N. Ojha, Spl. P.P. ------ Order No.02 Dated- 08.04.2025 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 registered for the offences punishable under sections 18/27(a)/28/29/30 of 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 petitioners is that the petitioner was involved in cultivation of poppy. 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 petitioner 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 to the court of Chief Judicial Magistrate, Chatra. Drawing attention of this Court towards para-14 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the petitioner undertakes 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 person has already been given the privilege of anticipatory bail by this Court vide order dated 27.03.2025 in A.B.A. No.2024 of 2025. Hence, it is submitted that the petitioner be also given the privileges of anticipatory bail. Learned Spl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) 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 the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his 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.) Sonu/Gunjan-