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2025 DAILYLAW 24871 (JHR)

ABDUL KADIR ALIAS KADI MIAN ALIAS KADIR HUSSAIN v. THE STATE OF JHARKHAND

A.B.A./6368/2024 · 2025-05-08

Sri Ananda Sen

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Judgment text

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2025:JHHC:13887 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6368 of 2024 ------ 1. Abdul Kadir @ Kadi Mian @ Kadir Hussain 2. Firoz Mian @ Md. Firoz Alam 3. Riyaz Mian @ Md. Riyaj … … Petitioners Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Arwind Kumar, Advocate For the State : Mrs. Ruby Pandey, A.P.P. ----- 08/ 08.05.2025 This anticipatory bail application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest in connection with Complaint Case No.1522 of 2023, for offences under Sections 33(1)(a)/42 of I.F. Act and Section 5/7/8/10 of Bihar Saw Mills Regulation Act. The case is presently pending before the Court of learned J.M. 1st Class, Giridih. 2. Learned A.P.P. representing the State opposes the anticipatory bail application. 3. The allegation levelled against the petitioners is of operating the illegal sawmill. 4. Admitted fact is that the case arises out of a complaint. Cognizance has been taken in this case. Notice has been issued to the petitioners. 5. In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. 6. Since the cognizance has already been taken in this case, the petitioners are directed to appear before the Court concerned, in terms of the notice issued to them. 7. With the aforesaid observation, this Anticipatory Bail Application stands disposed of. (ANANDA SEN, J.) Prashant. Cp-3