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2025 DAILYLAW 22850 (JHR)

UMESH YADAV v. THE STATE OF JHARKHAND

A.B.A./4428/2025 · 2025-08-14

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:23813 --1-- A.B.A. No. 4428 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4428 of 2025 ---- 1. Umesh Yadav, S/o-Hulash Mahto, aged about 42 years, 2. Aditya Yadav, S/o- Tula Yadav, aged about 48 years, Both are resident of Village-Dakadiri, P.O.-Balubhang, P.S.- Bariyatu, District-Latehar, (Jharkhand). .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Shahid Yunus, Advocate For the State :- Mrs. Priya Shrestha, A.P.P. ---- 02/14.08.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Bariyatu P.S. Case No. 10 of 2025, for the alleged offences registered under Sections 111(4) of B.N.S. and 15(c), 17(c), 18(b), 22, 25, 29 of N.D.P.S. Act, pending in the Court of Special Judge N.D.P.S. Latehar. 3. Learned counsel appearing for the petitioner is not pressing the anticipatory bail so far as the petitioner no. 2 is concerned. 4. In view of that, this application so far as petitioner no. 2 is concerned is dismissed as not pressed. Learned counsel for the petitioner further submits that petitioner no. 1 is having no criminal antecedent and the false allegations are made of cultivation of opium in the forest area and even the land does not belong to the petitioner 2025:JHHC:23813 --2-- A.B.A. No. 4428 of 2025 no. 1 and the petitioner no. 1 has got no criminal antecedent as disclosed in paragraph no. 6 of the application and the petitioner no. 1 is earning his livelihood by doing the daily wage work. 5. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there of cultivating the opium in the forest area. 6. Considering the fact that petitioner no. 1 has got no criminal antecedent as disclosed in paragraph no. 6 of the application and even the land is being denied of the petitioner no. 1 and it was pointed out that the petitioner no. 1 is earning his livelihood by way of daily wages work, I am inclined to grant anticipatory bail to the petitioner no. 1. 7. Accordingly, the petitioner no. 1, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner no. 1, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Special Judge N.D.P.S, Latehar in connection with Bariyatu P.S. Case No. 10 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Rashmi/