Amerika Ganjhu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2026)

Amerika Ganjhu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner nos. 1 to 6: they are directed to surrender before the learned court within three weeks, and upon surrender/arrest to be released on bail on furnishing bail bonds 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 the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in Kunda P.S. Case No. 11 of 2026 registered under Sections 18, 27(a), 28, 29 and 30 of NDPS Act and Section 33 of the Indian Forest Act for alleged cultivation of poppy plant in forest land, are entitled to anticipatory bail.

Court's answer

Considering that the land is of the forest department and that it has been pointed out from the order of the learned Sessions Judge that the petitioners have no criminal antecedent, and in the attending facts and circumstances of the case, the Court is inclined to grant anticipatory bail to the petitioners.

Ratio / Principle

The petitioners are directed to surrender before the learned court within three weeks, and in the event of surrender/arrest they shall be released on bail on furnishing bail bonds 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, in connection with Kunda P.S. Case No. 11 of 2026, subject to conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — Petitioners apprehending arrest in Kunda P.S. Case No. 11 of 2026, registered under Sections 18, 27(a), 28, 29 and 30 of NDPS Act and Section 33 of the Indian Forest Act for alleged cultivation of poppy plant in forest land belonging to the forest department; noting from the order of the learned Sessions Judge that the petitioners have no criminal antecedent, and in the attending facts and circumstances, the Single Judge granted anticipatory bail. Petitioners directed to surrender within three weeks; upon surrender/arrest to be released on bail bonds 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 the Bharatiya Nagarik Suraksha Sanhita, 2023. (Paras 5 and 6)

[2026:JHHC:14385]

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2433 of 2026

Amerika Ganjhu aged about 58 years son of Late

Ramdeo Ganjhu

Mukesh Ganjhu @ Mukesh Kumar, aged about 41 years son of Kameshwar Ganjhu

Rajo Ganjhu aged about 63 years son of Late Kapil Ganjhu

All petitioner Nos.1 to 3 are resident of village Garo, P.O. and police station - Kunda, District - Chatra

Akhlesh Ganjhu @ Aklesh Ganjhu aged about 32 years, Son of Lodha Ganjhu

5.Pintu Ganjhu aged about 34 years son of Mani Ganjhu.

Sonu Ganjhu @ Sonu Kumar, aged about 20 years, son of Nemdhari Ganjhu

Petitioner Nos. 4 to 6 are residents of

Village Pinjani, P.O. and P.S. Kunda, District Chatra.

..... … Petitioners

Versus

The State of Jharkhand

..... … Opposite Party

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----For the Petitioners : Mr. Rajesh Kumar Singh, Advocate. For the State : Mr. Suraj Deo Munda, A.P.P. ------

03/ 12.05.2026 Heard learned counsel for the petitioners and learned A.P.P

for the State.

The petitioners are apprehending their arrest in connection with Kunda P.S. Case No. 11 of 2026, registered for the offence under Sections 18, 27(a), 28, 29 and 30 of NDPS Act and Section 33 of the Indian Forest Act, pending in the court of learned Sessions Judge-cumSpecial Judge, NDPS Cases, Chatra.

Learned counsel appearing for the petitioners submits that false allegation is made against the petitioners of cultivation of poppy

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[2026:JHHC:14385]

plant in the forest land. He next submits that the said land is not belonging to these petitioners. He further submits that the petitioners are having no criminal antecedent and the same has been disclosed in the order of the learned Sessions Judge.

Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations are there of cultivation of the poppy plant in the forest land.

Considering that the land is of forest department and it has been pointed out from the order of the learned Sessions Judge that the petitioners are having no criminal antecedent and in the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, above named.

Accordingly, the petitioners, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (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. 11 of 2026, subject to conditions as laid down under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated:-12.05.2026 Amitesh/-

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