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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned court within three weeks of receipt of the order and, on surrender/arrest, be released on bail on a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge (NDPS), Latehar, in connection with Herhanj P.S. Case No. 46 of 2024, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; application allowed and disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Upendra Ganjhu, who is apprehending arrest in connection with Herhanj P.S. Case No. 46 of 2024 registered under sections 17, 18 of the Narcotic Drugs and Psychotropic Substance Act.

Court's answer

On looking into the contents of the FIR, the court found that the person who had taken the petitioner's name therein was himself not identified — 'that person's name is not disclosed'.

Ratio / Principle

Taking into account that the petitioner has no criminal antecedent (as disclosed in para 10 of the petition) and that his three co-accused had already been granted anticipatory bail in the aforesaid ABA, the court was inclined to grant anticipatory bail to the petitioner.

Key takeaways

The petitioner was directed to surrender before the learned court within three weeks from the date of receipt of the order.ratio¶21
On surrender or arrest, the petitioner is to be released on bail on furnishing a bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge (NDPS), Latehar, in connection with Herhanj P.S. Case No. 46 of 2024, subject to the condition laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶21

Detailed headnote1 paragraphs

Jharkhand HC (Ranchi), ABA No.727 of 2026 — Upendra Ganjhu v. The State of Jharkhand (Sanjay Kumar Dwivedi, J.; 10.02.2026): Anticipatory bail granted to the petitioner apprehending arrest in Herhanj P.S. Case No. 46 of 2024, registered under sections 17, 18 of the Narcotic Drugs and Psychotropic Substance Act, pending before the learned Special Judge (NDPS), Latehar. Grounds found by the court: the person who took the petitioner's name in the FIR is not disclosed; the petitioner has no criminal antecedent (para 10 of the petition); and his three co-accused were already granted anticipatory bail by a coordinate bench in ABA No. 3051 of 2025. Terms: surrender within three weeks of receipt of the order; on surrender/arrest, release on a bail bond of Rs. 25,000/- (Twenty-Five Thousand) with two sureties of the like amount each; subject to the condition laid down under Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023. Application allowed and disposed of.

2026:JHHC:3477

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.727 of 2026

Upendra Ganjhu, S/o Tapeshwar Ganjhu, aged about 26 years, Resident of Village -Khairatand, P.O+ P.S- Herhanj, District - Latehar.

…. Petitioner

Versus

The State of Jharkhand … Opp. Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Rajesh Bhushan, Advocate For the State : Mr. P.D. Agarwal, Spl. P.P.

2/10.02.2026 Heard learned counsel appearing on behalf of Petitioner and

learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Herhanj P.S. Case No. 46 of 2024, registered under sections 17,18 of Narcotic Drugs and Psychotropic Substance Act, pending in the court of learned Special Judge (N. D. P.S), Latehar.

Learned counsel appearing for the petitioner submits that the petitioner is having no criminal antecedent as disclosed in para 10 of the petition and the allegations are made of cultivation of poppy plants on the land, however, the petitioner has nothing to do with the said cultivation and the three co-accused have been granted anticipatory bail by the coordinate bench of this court in ABA No. 3051 of 2025.

Learned counsel appearing for the State opposed the prayer and submits that the allegation of cultivation of poppy plant is there.

Looking into the contents of the FIR, it transpires that the name

of the person, who has taken the name of the petitioner, that person’s name is not disclosed and the petitioner is having no criminal

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2026:JHHC:3477

antecedent as disclosed in para 10 of the petition and three coaccused persons have been granted anticipatory bail in aforesaid ABA, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/(Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Special Judge (N. D. P.S), Latehar, in connection with Herhanj P.S. Case No. 46 of 2024, subject to the condition as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

This Anticipatory Bail Application is accordingly allowed and disposed of.

(Sanjay Kumar Dwivedi, J.)

10.02.2026

R.Kumar

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