IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4368 of 2024
Ramchandra Paswan @ Santosh Paswan …… Petitioner
Versus
The State of Jharkhand ……Opposite party
----------
CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----
For the Petitioner : Mr. Anupam Anand, Advocate
Mr. Pranav Kumar, Advocate
For the State : Mrs. Kumari Rashmi, A.P.P.
…..
Order No.05/ Dated:28.06.2024
1. Heard learned counsel for the parties.
2. The petitioner has been made an accused in connection with Kunda P.S.
Case No. 02 of 2015 (NDPS Case No. 33 of 2022), registered for the offence
under Section 8(c), 18, 20 & 22 of the Narcotic Drugs & Psychotropic
Substances Act, 1985, pending in the court of learned Additional District &
Session Judge-V, Chatra.
3. As per FIR, informant along with other police personnel after receiving
secret information reached village Margada where they found opium crops
on one acre of land. It is alleged that said opium plantations were done jointly
by the accused persons. Thereafter, keeping five opium plants as sample,
remaining were destroyed on the spot and the same were seized. Thereafter,
in the East Canal, opium crop was found in ten Kattha land which was
cultivated by Kariman Bharti, Deepak Bharti, Jageshwar Ganjhu and Basant
Ganjhu. Further at two more places opium poppy plantations were found to
have been done by other co-accused persons of the case about whom it is
alleged that they were also found engaged in cultivation of opium plantations
on the above land.
4. Learned counsel for the petitioner has submitted that petitioner is innocent
and has committed no offence at all as alleged in the FIR. It is submitted that
similarly situated Co-accused, namely Nemdhari Ganjhu person has been
granted regular bail by the Co-ordinate Bench of this Court in B.A. No. 4025
of 2018 vide order dated 02.08.2018 Petitioner has no criminal antecedent.
.
The petitioner is languishing in Judicial custody since 08.04.2024 without
any rhymes and reasons. Petitioner undertakes to co-operate in the trial of the
case by remaining physically present as and when required and shall not
indulge in any manner in tampering with the prosecution evidences or
influencing the witnesses of prosecution, hence, the petitioner may be
enlarged on bail.
5. Learned A.P.P appearing on behalf of State as per direction has filed
counter affidavit and has opposed the prayer for bail of the petitioner and
submitted that there are sufficient materials against the petitioner showing his
involvement in the present case, hence he does not deserve bail.
6. Considering the facts and circumstances of the case and also in view of
the fact that other Co-accused person with similar allegation have been
granted regular bail by the Co-ordinate Bench of this Court, I am inclined to
release the petitioner, on bail. Accordingly, the petitioner, named above, is
directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each, to the satisfaction
of learned Additional District & Session Judge-V, Chatra in connection with
Kunda P.S. Case No. 02 of 2015 (NDPS Case No. 33 of 2022) subject to the
conditions:-
(1) Petitioner shall remain physically present on each and every
date till the conclusion of the trial of this case unless prevented
from sufficient cause to the satisfaction of the learned trial court.
(2) Petitioner shall not indulge in any or other similar offence till
the conclusion of the trial.
(3) Petitioner shall not indulge in tampering with the
prosecution evidences or influencing the prosecution witnesses.
In case of violation of the aforesaid condition the bail of the petitioner
shall be cancelled and shall be taken into custody by the learned trial court
itself.
(Pradeep Kumar Srivastava, J.)
R.K/