Allowed

Kamlesh Ganjhu v. the State of Jharkhand

Jharkhand HC2 Sept 2024B.A./6191/2024

Case brief

AI extract

What is this about?

Regular bail in an NDPS case alleging poppy cultivation on forest land. The court noted no local villager was interrogated despite the FIR being based on local information, that petitioners claimed no criminal antecedent, and allowed bail with bonds of Rs. 25,000 each.

What did the court decide?

Applicants released on bail on furnishing bail bond of Rs.25,000 each with two sureties of the like amount to the satisfaction of the court concerned.

Kamlesh Ganjhu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6191 of 2024

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Kamlesh Ganjhu, aged about 28 years, son of Raman Ganjhu,

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Ashok Ganjhu, aged about 27 years, son of Ramphal Ganjhu,

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Phuldeo Ganjhu, aged about 35 years, son of Rameshwar Ganjhu,

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Teju Ganjhu, aged about 30 years, son of Puar Ganjhu,

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Surendra Ganjhu, aged about 35 years, son of Jagdish Ganjhu,

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Shankar Ganjhu, aged about 32 years, son of Kripal @ Birbal Ganjhu,

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Brahmdeo Ganjhu, aged about 33 years, son of Sohar Ganjhu,

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Rajkumar Ganjhu, aged about 26 years, son of Hari Ganjhu,

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All resident of village Budhisakhua, PO & PS Bariyatu, District Latehar.

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..... … Petitioners

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl. PP

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03/02.09.2024 Heard learned counsel for the applicants and learned Spl. P.P.

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for the State.

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This bail application has been filed on behalf of the above named applicants with prayer to release on bail in connection with Bariyatu P.S. Case No. 10 of 2023 registered under sections 15(c) and 18(b) of Narcotics Drugs and Psychotropic Substances Act, 1985, pending in the court of learned Sessions Judge-cum-Special Judge, NDPS, Latehar.

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The FIR of this case was lodged by the police officer who by the order of higher police officers had conducted raid and found that the cultivation of poppy plants were being carrying on the forest land. After having taken some of the plants for sampling, rest of the crop was destroyed at the spot and it came to know from the local persons that the named

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accused were cultivating poppy plants on the said forest land, hence this FIR was lodged.

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The statement of all the members of raiding party were recorded who corroborated the prosecution story but none of the local person of the village was interrogated on whose information the name of the present petitioner alongwith other co-accused figured in FIR.

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The learned counsel for the petitioners has submitted that the petitioners are having no criminal antecedent and having no concerned with the said cultivation of the poppy plants in the forest land and petitioner nos.1 to 7 have been languishing in jail since 03.05.2024 and petitioner no. 8 has been languishing in jail since 07.05.2024 having no criminal antecedent.

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The learned Spl. PP for the State opposed the contentions made by the learned counsel for the petitioners and contended that all the petitioners have surrendered after issuance of non-bailable warrant.

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

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(Subhash Chand, J.)

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RKM

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Kamlesh Ganjhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kamlesh Ganjhu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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