The High Court of Jharkhand granted bail to three petitioners accused of poppy cultivation. The court fixed a bail bond of Rs. 25,000 per petitioner and imposed conditions regarding trial attendance and updating Aadhar/mobility details.
Release on bail by furnishing a bond of Rs. 25,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
BA No. 8872 of 2023
1.Tetar Ganjhu
2.Pandey Ganjhu
3.Mahesh Ganjhu ... ... Petitioners
Versus The State of Jharkhand … … Opposite Party
CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioners : Mr. A.K.Chaturvedy, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.
Order No.03/Dated: 20th December, 2023
When the matter is called out, Mr. A.K.Chaturvedy, the learned counsel for the petitioners has appeared and Mr. Shiv Shankar Kumar, the learned APP has appeared.
The learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that the allegation is regarding cultivation of poppy plant over 10 acres of raiyati/forest land. There is no evidence that petitioners were cultivating the same as there is no khata number or plot number was given. Only on the disclosure of unknown villager the petitioners have been made accused in this case and also they were not apprehended at the place of occurrence. He has further submitted that one of the coaccused, namely, Bhola Ganjhu has been granted bail by this Court vide order dated 18.12.2023 passed in BA No. 8866 of 2023 and the case of the petitioners is on similar footing. Petitioners are in custody since 13.06.2023. Therefore, they may be released on bail.
The learned counsel for the State has opposed the prayer for bail and submitted that cultivation of poppy plant was being done over large area of land. He has further submitted that as per FSL report, morphine was found in the substance. He has further stated that witnesses have also supported the case of prosecution. Therefore, petitioners do not deserve bail.
Having heard learned counsels for the parties and in the facts and circumstances of the case, I am inclined to release the petitioners, named above, on bail on furnishing bail-bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only)each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Latehar in connection with Balumath PS Case No. 28 of 2021, subject to the conditions that (i) the petitioners shall attend the trial regularly unless it is dispensed with by the learned court below and (ii) the
petitioners shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned Court below which they will always keep active and will not change it during pendency of the case without prior permission of the Court.
(Ratnaker Bhengra, J.)
KNR
2 issues framed by the court
Whether the petitioners should be released on bail furnishing a bail bond of Rs. 25,000 each with two sureties.
Whether agricultural charges of opium cultivation constitute an extreme case precluding bail.
Tetar Ganjhu
Pandey Ganjhu
Mahesh Ganjhu
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
