SHER ALI ALIAS SHER ALI ALAM v. THE STATE OF JHARKHAND
A.B.A./4541/2025 · 2025-08-20
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22756 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22756 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:24419 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4541 of 2025
Sher Ali @ Sher Ali Alam, aged about 28 years, son of Abdul Ajid, resident of Juhibona, Agloi, P.O. and P.s. Barharwa, District-Sahebganj ...... … Petitioner
Versus The State of Jharkhand .…. … Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner
:Mr. Vikas Kumar, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl. P.P.
02/ 20.08.2025: Heard learned counsel for the petitioner and learned counsel for the State.
2. Learned counsel for the State submits that counter affidavit is ready however the same has not been filed as the matter was on Board.
3.
In view of such submission the said counter-affidavit is taken on record.
4. The petitioner is apprehending his arrest in connection with Complaint Case No. 248 of 2024, registered under sections 41, 42 and 26 of the Indian Forest Act, pending in the Court of learned Judicial Magistrate, Ist Class, Rajmahal.
5.
Learned counsel for the petitioner submits that the name of the petitioner has come only on the basis of being the resident of that area. He submits that allegations are made that on a Bolero vehicle wood logs were loaded which met with an accident and allegations are also made that there was scuffle between the accused persons and forest officials. He submits that in identical situation co-accused persons have been granted anticipatory bail in A.B.A. No. 5298 of 2024. He submits that petitioner has no criminal antecedent which is disclosed in para 18 of the petition. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.
4.
Learned counsel for the State opposes the prayer and submits allegations of doing scuffle by the accused persons with the forest officials are there and in view of that the petitioner does not deserve privilege of anticipatory bail.
5.
Considering that in identical situation co-accused persons have been granted anticipatory bail in aforesaid A.B.A and the petitioner has no criminal antecedent which is disclosed in para 18 of the petition, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is
directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on
( 2025:JHHC:24419 )
furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Rajmahal, in connection with Complaint Case No. 248 of 2024, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023.
( Sanjay Kumar Dwivedi, J.) satyarthi-