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2025 DAILYLAW 25170 (JHR)

KAILU MIAN ALIAS MD SAHNEWAJ v. STATE OF JHARKHAND

A.B.A./5350/2025 · 2025-09-15

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:28241 --1-- A.B.A. No. 5350 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5350 of 2025 ---- Kailu Mian @ Md Sahnewaj aged about 32 years, son of Kamru Mian @ Md. Kamruddin Mian, village – Jori Kala Jori, PO – Jori, PS – Bashithnagar, District - Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Manish Yadav, Advocate For the State :- Mr. Manoj Kr. Mishra, Advocate ---- 02/15.09.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.149 of 2017, for the alleged offences registered under Section 33 of Indian Forest Act, pending in the Court of learned Sub-Divisional Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case and the allegations are made against the petitioner of cultivating the poppy plants in the forest protected area. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition. 4. Learned counsel appearing for the State opposes the prayer and submits that allegations are there of cultivation of poppy plants in the forest area. 2025:JHHC:28241 --2-- A.B.A. No. 5350 of 2025 5. Considering that even the land of the petitioner has been denied and the land is said of the forest area where the cultivation of poppy plant was made and the petitioner has got no criminal antecedent as disclosed in paragraph No.14 of the petition, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, 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, 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 Sub-Divisional Judicial Magistrate, Chatra in connection with Complaint Case No.149 of 2017, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 15.09.2025 Sangam/