Petitioner accused in NDPS case alleging opium cultivation sought bail. Court rejected the application considering recovery of incriminating material and rejection of similar bail requests in coordinate bench order.
Bail application rejected; petitioner not entitled to bail at this stage.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4978 of 2020
....
Ghasiram Munda .… Petitioner
Versus
The State of Jharkhand .... Opposite Party
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Gaurav, Adv. For the Opposite Party : Mr. Ravi Prakash, Spl.P.P.
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
05/13.01.2021 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Arki P. S. Case No. 07 of 2020 corresponding to N. D. P. S. Case No. 04 of 2020 pending in the Court of learned Special Judge (N), Khunti.
It has been submitted by the learned counsel for the petitioner that there is allegation of cultivation of opium and one pump set with some length of wire has been recovered from this petitioner. He has been arrested on the spot. He is in custody since 05.02.2020 and there is no criminal antecedent against this petitioner. On the basis of the above fact, prayer for bail has been made.
On the other hand, learned APP has opposed the prayer for bail and submitted that the bail of similarly situated persons, whose names have come on the confessional statement of this petitioner, have been rejected by the Co-ordinate Bench of this Court in B. A. No. 8863 of 2020 vide order dated 26.11.2020. In that view of the matter, he does not deserve bail.
Perused the record. It appears that the petitioner has been arrested at the spot. Considering the material available on record, this Court is not inclined to enlarge this petitioner on bail at this stage. Accordingly, the bail application is hereby rejected.
Kamlesh/
1 issue framed by the court
Whether the petitioner in an NDPS case, arrested with a recovered pump set and without prior antecedents, deserves bail.
Ghasiram Munda
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
