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2025 DAILYLAW 3305 (JHR)

TAJ MOHAMMAD ALIAS MD. TAJ v. THE STATE OF JHARKHAND

A.B.A./526/2025 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 526 of 2025 ------ Taj Mohammad @ Md. Taj, Son of Late Habibullah @ Md. Habib, aged about 46 years, resident of village –Ara Bhusai, P.O. Danto Khurd, P.S. Katkamsandi, District –Hazaribagh. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Awanikant Prasad, Advocate For the State : Mrs. Kumari Rashmi, Addl. P.P. ------ Order No.02 Dated- 27.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with G (F) Case No.266 of 2018 registered under section 33 of the Indian Forest Act. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner encroached a big portion of protected forest land measuring 16 acres. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-12 of the instant anticipatory bail application. It is next submitted that the petitioner has not encroached upon any forest land and he is in possession of his own raiyati land. It is then submitted that the petitioner undertakes to furnish a certificate issued by the Forest Range Officer, Katkamsandi to the effect that he has cleared the encroachments upon the protected forest land and also undertakes to cooperate with the trial of the case. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 15.05.2024 in A.B.A. No. 2444 of 2024. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on furnishing a certificate issued by the Forest Range Officer, Katkamsandi to the effect that he has cleared the encroachments upon the protected forest land and 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 Judicial Magistrate -1st Class, Hazaribagh, in connection with G (F) Case No.266 of 2018 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-