This single-judge order rejects the petitioners' prayer for anticipatory bail in a narcotics case regarding opium cultivation. The court declined to grant bail due to the gravity of the offence despite the defense argument.
Prayer for anticipatory bail rejected; petitioners directed to surrender within two weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 6076 of 2022
1.Sukhram Munda 2.Sukhlal Munda . .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioners : Mr. Gaurav, Advocate For the State : Mr. Ravi Prakash, APP
02/ 23.08.2022 . Apprehending their arrest, petitioner above-named have moved this Court for grant of privilege of anticipatory bail in connection with Arki P. S. Case No.11 of 2022 [corresponding to N.D.P.S. Case No.06/2022] for the offence registered under Sections 8(B)/ 18 of N. D. P. S. Act.
Heard the parties.
It is submitted by learned counsel appearing on behalf of the petitioners that except the confessional statement of co-accused, there is no material to connect these petitioner in cultivation of opium.
The Addl. P.P. opposed the prayer for bail. It is submitted that opium was being cultivated commercially over 2.5 acres of land of these petitioners. It is further submitted that the witnesses, examined before the Police, have specifically disclosed the name of these petitioners who were badly involved in cultivation of opium plants.
Considering the gravity of offence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail is hereby rejected. Petitioners are directed to surrender before the Court below within two weeks.
( Gautam Kumar Choudhary, J. )
Sandeep/
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case alleging commercial cultivation of opium.
Whether the gravity of the offence requires rejection of bail despite lack of connecting material other than the confessional statement.
1 provisions across 1 enactments
Sukhram Munda
Sukhlal Munda
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
