Kailash Kumar Alais Kailash Ganjhu Vs the State of… — Narcotics (NDPS) | Jharkhand HC (2026)

Kailash Kumar Alais Kailash Ganjhu Vs the State of… — Narcotics (NDPS) | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to surrender within three weeks; on surrender/arrest to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Sessions Judge-cum-Special Judge NDPS cases, Chatra in connection with Kunda P.S. Case No. 07 of 2026, subject to conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Kunda P.S. Case No. 07 of 2026 (NDPS Act and Indian Forest Act offences, alleged poppy cultivation on forest land), are entitled to anticipatory bail.

Court's answer

Anticipatory bail is granted because, per the Court, the alleged poppy-cultivation land belongs to the forest department and does not belong to the petitioners, and the petitioners have no criminal antecedent as disclosed in paragraph No. 11 of the petition.

Ratio / Principle

The petitioners are directed to surrender before the learned Court within three weeks, and upon surrender/arrest shall be released on bail on furnishing a bail bond of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge-cum-Special Judge NDPS cases, Chatra, subject to conditions under Section 482(2) of BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Jharkhand, Ranchi (A.B.A. No. 2191 of 2026; decided 07.05.2026 by Sanjay Kumar Dwivedi, J.) — Petitioners apprehended arrest in Kunda P.S. Case No. 07 of 2026, registered under Sections 8, 27(A), 28, 29 and 30 of NDPS Act and Section 33 of Indian Forest Act, pending before the learned Sessions Judge-cum-Special Judge NDPS cases, Chatra, on allegation of cultivation of poppy plants on forest land — State opposed the prayer — Held: the land is of the forest department and does not belong to the petitioners, and the petitioners have no criminal antecedent (as disclosed in paragraph No. 11 of the petition); anticipatory bail allowed — Petitioners directed to surrender within three weeks; on surrender/arrest to be released on bail on a bond of Rs. 25,000/- each with two sureties of the like amount each, subject to the conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

2026:JHHC:13765

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2191 of 2026

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1. Kailash Kumar @ Kailash Ganjhu, S/o Gannu Ganjhu @ Ramnath Ganjhu, aged about 30 years, R/o village – Nawada Sindri, PO and PS – Kunda, District – Chatra, Jharkhand

2. Mahindra Ganjhu, S/o Dashrath Ganjhu, aged about 30 years, R/o village – Sindri, PO and PS – Kunda, District – Chatra, Jharkhand .... Petitioners

-- Versus --

The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioners :- Mr. Jeetendra Kr. Mishra, Advocate :- Mr. Kunal, Advocate For the State :- Mr. Bishwambhar Shastri, Advocate ----

02 /07.05.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State.

2. The petitioners are apprehending their arrest in connection with Kunda P.S. Case No.07 of 2026 for the alleged offences registered under Sections 8, 27(A), 28, 29 and 30 of NDPS Act and Section 33 of Indian Forest Act pending in the Court of learned Sessions Judge-cum-Special Judge NDPS cases, Chatra.

3. Learned counsel appearing for the petitioners submits that false allegation is made against the petitioners of cultivation of poppy plants on the forest land. He further submits that the land is of the forest department and that is not belonging to the petitioners. He then submits that the petitioners have got no

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criminal antecedent as disclosed in paragraph No.11 of the petition.

4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of cultivation of poppy plants on the forest land.

5. Considering that the land is of the forest department and that is not belonging to the petitioners and the petitioners have got no criminal antecedent as disclosed in paragraph No.11 of the petition, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Sessions Judge-cum-Special Judge NDPS cases, Chatra in connection with Kunda P.S. Case No.07 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated 07.05.2026 Sangam/

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A.B.A. No. 2191 of 2026