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2025 DAILYLAW 15347 (JHR)

NAUSHAD MIAN ALIAS MD NAUSHAD v. THE STATE OF JHARKHAND

A.B.A./3054/2025 · 2025-06-05

Deepak Roshan

body2025

Judgment text

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( 2025:JHHC:14551 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3054 of 2025 Naushad Mian @ Md. Naushad, aged about 32 years, S/O Late Majeed Mian, Resident of Village Kolkole Kala, PO & PS – Lawalong, District – Chatra. … … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioner : Mr. Anupam Anand, Advocate For the Opp. Party : Mr. Shiv Shankar Kumar, APP --- 03/05th June, 2025 Heard the learned counsel for the parties. 2. The petitioner has moved before this Court for grant of privilege of anticipatory bail from apprehending his arrest in connection with Complaint Case No. 1248 of 2024 instituted under Section 33 (i) (C ) of the Indian Forest Act, 1927 along with Section 27 & 29 of the Wild Life Protection Act, 1972. 3. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. The allegation against this petitioner for plowing 1.5 acres of land, is false and fabricated and he has not committed any offence. He further submits that on enquiry from the nearby villagers, it was found that the said plowing was done for cultivation of poppy plants in the said land. In fact, the petitioner has been implicated in this case only on the basis of hearsay information. Therefore, the petitioner may be released on bail. 4. Learned counsel for the petitioner further submits that the co- accused persons namely Ajay Yadav @ Ajay Kumar Yadav and Rajdev Yadav have been granted bail by co-ordinate benches of this Court vide orders dated 05.02.2025 passed in A.B.A. No. 759 of 2025 and 25.04.2025 passed in A.B.A. No. 2529 of 2025. 5. Learned A.P.P. opposed the prayer of the petitioner for grant of bail. ( 2025:JHHC:14551 ) 2 6. Having regard to the facts and circumstances of this case and looking to the facts that co-accused persons have already been granted bail by the co-ordinate benches of this Court, I am inclined to extend privilege of anticipatory bail to this petitioner. Accordingly, the petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty Thousand Only) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Complaint Case No. 1248 of 2024. 7. It is made clear that petitioner shall co-operate with the investigation / trial. If the petitioner will not co-operate with the investigation / trial, the State would be at liberty to take appropriate action. (Deepak Roshan, J.) Aditi/Simran