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2025 DAILYLAW 37652 (JHR)

EKBAL MIYAN v. THE STATE OF JHARKHAND

A.B.A./6174/2025 · 2025-10-29

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:32524 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6174 of 2025 1. Ekbal Miyan, Aged about 40 years, Son of Kallu Miyan 2. Shamim Miyan @ Shamim, Aged about 36 years, Son of Kamru Miyan, @ Kamruddin Miyan Both Resident of Village & P.O. Jori, P.S. Bashist Nagar, District-Chatra …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Anikit Burman, Advocate For the State : Mr. Fahad Allam, A.P.P. ------ 2/29.10.2025 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest in connection with Complaint Case No. 314/2021, registered under section 33(1) C of Indian Forest Act, 1927, pending in the court of learned Sub- Divisional Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioners submits that false allegations of cultivation of poppy plants have been made against the petitioners in the forest area. He further submits that the petitioners have no concern with the said land and the petitioners have got no criminal antecedent as disclosed in Para 15 of the petition. 4. Learned counsel for the State opposed the prayer and submits that allegations of cultivation of poppy plants are there in the forest area. 5. In view of the above and considering that the allegations are made of cultivation of poppy plants in the forest area and that has not belonged to the petitioners and the petitioners have got no criminal 2025:JHHC:32524 2 antecedent, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Chatra, in connection with Complaint Case No. 314/2021, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 29.10.2025 R.Kumar