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2025 DAILYLAW 38533 (JHR)

SUSHIL KUMAR BHAGAT @ SUSHIL KR BHAGAT v. THE STATE OF JHARKHAND

A.B.A./6329/2025 · 2025-11-10

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:33483 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6329 of 2025 ---- Sushil Kumar Bhagat @ Sushil Kr. Bhagat, aged about 50 years son of Shivshankar Bhagat, resident of Gram- Choti Mehendi Pokhar, PO Bhagaiya, PS Ishipur Barahat, District Bhagalpur, State Bihar .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Agnivesh, Advocate For the State :- Mr. Prabhu Dayal Agarwal, Advocate ---- 2/10.11.2025 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.402 of 2019, for offence registered under section 33, 41, and 42 of the Indian Forest Act, pending in court of learned Judicial Magistrate First Class, Sahibganj. 3. Learned counsel for petitioner submits that the petitioner has nothing to do with the loaded boulders of the tractor in question to the tune of 100 cft. He also submits that the petitioner is neither the owner nor the driver of the tractor in question and name of the petitioner has come on the statement made by the co-villagers and the petitioner has got no criminal antecedent. 4. Learned State counsel opposes prayer and submits that the name of the petitioner has been taken by the co-villagers. 5. Considering that allegations are there of illegally loading 100 cft boulders on the said tractor and the petitioner is neither the owner nor the driver of the tractor in question and name of the petitioner has come on the statement made by the co-villagers and further the petitioner has got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Judicial Magistrate First Class, Sahibganj, in connection with Complaint Case No.402 of 2019, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 10.11.2025 SI/