Dashai Ganjhu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Dashai Ganjhu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned in Balumath P.S. Case No.13 of 2010 / NDPS Case No.03(B) of 2010.

Issue for consideration

Whether petitioner Dashai Ganjhu @ Dasai Ganjhu @ Dasai Bhogta, accused in Balumath P.S. Case No.13 of 2010 / NDPS Case No.03(B) of 2010 registered under sections 15, 18, 22 and 27 of the N.D.P.S. Act for alleged illegal poppy cultivation, merits release on bail. +1 more

Court's answer

In view of the foregoing assessment of the FIR and investigative material, the court found grounds to grant bail and allowed the petitioner's bail application, directing his release on a bail bond of Rs. 25,000/- with two sureties of like amount.

Ratio / Principle

Perusal of the FIR showed the informant had named all eight accused, including the petitioner, after receiving information from local persons of the village.

Key takeaways

During investigation, the statement of no local person was recorded to corroborate the prosecution story.ratio¶11
As per paragraph No.125 of the case diary, the Mukhiya of the village stated she was not aware by whom the cultivation on the forest land was done, indicating names of innocent persons were figured in the FIR and certain co-named accused were wrongly implicated.ratio¶11

Detailed headnote1 paragraphs

NDPS bail – alleged illegal poppy cultivation (Latehar). Single-member bench (Justice Subhash Chand) of the High Court of Jharkhand at Ranchi, in B.A. No. 5622 of 2024 (Order No.03 dated 23rd August, 2024), allowed bail to Dashai Ganjhu @ Dasai Ganjhu @ Dasai Bhogta, aged about 70 years, an accused among eight named in the FIR arising out of a raid on illegal cultivation of poppy over ten acres along with illegal coal mining at village Baluwahi, pending trial under sections 15, 18, 22 and 27 of the N.D.P.S. Act (Balumath P.S. Case No.13 of 2010; NDPS Case No.03(B) of 2010; Addl. Sessions Judge-I, Latehar). Grounds relied upon: the FIR had named all eight accused solely on information received from local persons, whereas during investigation the statement of no local person was recorded to corroborate the prosecution story; case diary ¶125 recorded the Mukhiya as unaware who performed the cultivation on the forest land, with innocent persons' names figuring in the FIR and Kishun Ganjhu, Uday Ganjhu, Ramjit Ganjhu, Baleshwar Ganjhu reported wrongly implicated; Umesh Yadav, Anandi Ganjhu and Tetar Ganjhu gave similar statements. Petitioner ordered released on bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5622 of 2024

Dashai Ganjhu @ Dasai Ganjhu @ Dasai Bhogta, aged about 70 years, son of late Khaita Ganjhu @ Bhanhu Ganjhu, resident of Vill Bukru Tola Hahi Balwahi, P.O. + P.S. Balumath, District Latehar …... Petitioner

Versus

The State of Jharkhand …. …. Opp. Party ------

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

------For the Petitioner : Mr. Nandan Prasad, Advocate For the State : Mr. Rajesh Kumar, APP

-------- Order No.03 /Dated: 23^rd August, 2024

Heard learned counsel for the petitioner and learned APP for the State.

This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Balumath P.S. Case No.13 of 2010, corresponding to NDPS Case No.03(B) of 2010, registered under sections 15, 18, 22 and 27 of the N.D.P.S. Act, pending in the court of learned Addl. Sessions Judge-I, Latehar.

The FIR of this case was lodged against eight named accused including the present petitioner wherein the allegations are made that the informant police officer along with Chowkidar of police station concerned had carried out raid in regard to illegal cultivation of poppy plants and also illegal mining of coal and reached to village Baluwahi. On reaching there, found that in ten acres of land the cultivation of poppy was being done. On queries made from the local persons, the FIR was lodged against eight named accused including the petitioner and the crop of poppy was destroyed at the spot after having taken 100 plants for sampling. It was also alleged that these persons after having cultivated poppy plant, extract poppy plant from them and used to sell the same in market.

From perusal of the FIR itself, it is found that the informant had named all the eight accused after having received the information from the local persons of the village. During investigation, the statement of no local person was recorded to corroborate the prosecution story rather in view of paragraph No.125 of the case diary, the Mukhiya of the village has stated that she is not aware, by whom, the cultivation was done on the forest land and the personal land as well and name of the innocent persons have been figured in

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the FIR. It has been stated that Kishun Ganjhu, Uday Ganjhu, Ramjit Ganjhu and Baleshwar Ganjhu have been wrongly implicated in the case. Further, Umesh Yadav, Anandi Ganjhu and Tetar Ganjhu have also given the same kind of statement.

In view of the above, the bail application of the petitioner is hereby allowed. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

(Subhash Chand, J.)

Madhav/-

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