Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:13350 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3566 of 2025
------ Rajnath Ganjhu, aged about 32 years, son of Gobardhan Ganjhu, resident of Village-Karmatand, P.O.-Balubhang, P.S.- Balumath, Dist.-Latehar, Jharkhand
… Petitioner
Versus The State of Jharkhand … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Baleshwar Yadav, Advocate For the State
: Mr. Bhola N. Ojha, Spl. P.P. ------
Order No.02 Dated- 02.05.2025
Heard the parties.
The petitioner has moved this Court for grant of bail in connection with Balumath P.S. Case No.227 of 2019 registered for the offences punishable under sections 15(c)/22/29 of N.D.P.S. Act.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in illegal transportation and sell of opium in commercial quantity of 374.7 kg. It is further submitted that the allegations against the petitioner are all false and the name of the petitioner has transpired in the confessional statement of the co-accused – Kishore Ganjhu who has admitted the involvement of all the co-accused persons in the illegal trade of opium. It is next submitted that as per the F.S.L. report, morphine was detected in the seized material. It is next submitted that no incriminating article has been recovered from the possession of the petitioner. It is then submitted that the petitioner has been in custody since 07.02.2025, as has been mentioned in paragraph no. 01 of the bail application. Hence, it is submitted that the petitioner be admitted to bail.
The learned Spl. P.P. on the other hand vehemently opposes the prayer for bail and submits that opium (doda) of 374.7 kg has been recovered and the same is in commercial quantity, hence, the
rigors of Section 37 of the N.D.P.S. Act, 1985 is attracted in this case and as there is absolutely no reasonable ground to believe that the petitioner is not guilty of the offence alleged and that he is not likely to commit any offence while on bail, hence, the petitioner ought not be admitted to bail.
Considering the serious nature of allegation against the petitioner of being involved in illegal trade of opium (doda) in commercial quantity and in the absence of any material to suggest any reasonable ground to believe that the petitioner is not guilty of the offence alleged or that there is no chance of him not committing any offence while on bail, this Court is of the considered view that this is not a fit case where the abovenamed petitioner be admitted to bail. Accordingly, the prayer for bail of the abovenamed petitioner is rejected.
(Anil Kumar Choudhary, J.)
Sonu-Gunjan/