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2026 DAILYLAW 18464 (JHR)

AMERIKA GANJHU @ AMERICA GANJHU @ AMRICA GANJHU v. THE STATE OF JHARKHAND

B.A./5953/2026 · 2026-06-30

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:19098] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5953 of 2026 Amerika Ganjhu @America Ganjhu @ Amrica Ganjhu aged about 31 yrs. son of Santoshi Ganjhu, resident of Village - Tegam, P.O. & P S. - Kunda, District - Chatra … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Sushant Kr. Sinha, Adv. For the State : Mr. Bhola Nath Ojha, Spl. PP 02 / 30.06.2026 Heard the parties. The petitioner has been made accused in connection with Kunda P.S. Case No. 20/2026 instituted under Section 15, 18, 27, 29 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that 50.800 kg of poppy straw was seized, out of which, 24 kg of poppy straw was recovered from the possession of the petitioner while from the co-accused Virendra Ganjhu, 26.8 kg of poppy straw was recovered in three sacks each. It is submitted that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 15 of the bail application. It is next submitted that the petitioner has been in judicial custody since 05.05.2026, as mentioned in para 1 of this bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be admitted to bail. Learned Spl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that keeping in view, the seizure of poppy straw in commercial quantity, the rigors of Section 37 of the N.D.P.S. Act, 1985 is attracted in this case and in the absence of any material to suggest that the petitioner is not guilty of the allegations and that there is no chance of him being not involved in any offence while on bail, the petitioner ought not be released on bail. It is next submitted that; there is every chance of the petitioner absconding if released on bail. It is lastly submitted that the prayer of the petitioner for bail, be rejected. Considering the serious nature of allegation against the petitioner and recovery of opium in commercial quantity and in the absence of any material to suggest that the petitioner is not guilty of the allegations or that there is no chance of him not committing any offence if admitted to bail; this Court is not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (ANIL KUMAR CHOUDHARY, J.) Dated 30.06.2026 Smita/-