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2025 DAILYLAW 26129 (JHR)

SHAMIM MIAN ALIAS SHAMIM ALAM ALIAS SHAMIM ALAM ALIAS SHAMIM MIYAN v. THE STATE OF JHARKHAND

A.B.A./5575/2025 · 2025-09-19

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:28952 --1-- A.B.A. No. 5575 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5575 of 2025 ---- Shamim Mian @ Md. Shamim Alam @ Shamim Alam @ Shamim Miyan, son of Md. Kamruddin Mian @ Kamru Mian, aged about 33 years, resident of village – Jori, PO and PS – Jori, District - Chatra .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Prashant Kr. Rahul, Advocate For the State :- Mr. Rakesh Kr. Sinha, Advocate ---- 02/19.09.2025 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.178 of 2021, for the alleged offences registered under Section 33(1)(c) of Indian Forest Act, pending in the Court of learned SDJM, Chatra. 3. Learned counsel appearing for the petitioner submits that false allegations are made against the petitioner of cultivation of poppy plants. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.21 of the petition. He further submits that even the land is not of the petitioner and that is of the forest department. He then submits that in identical situation two of the co-accused persons have been granted anticipatory bail in ABA No.5067 of 2025. 2025:JHHC:28952 --2-- A.B.A. No. 5575 of 2025 4. Learned counsel appearing for the State opposes the prayer and submits that the allegations are there of cultivation of poppy plants. 5. Considering that the petitioner has got no criminal antecedent as disclosed in paragraph No.21 of the petition and the land is not of the petitioner that is of the forest department and in identical situation two of the co-accused persons have been granted anticipatory bail in ABA No.5067 of 2025, 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 SDJM, Chatra in connection with Complaint Case No.178 of 2021, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 19.09.2025 Sangam/