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2025 DAILYLAW 7270 (JHR)

SAMSUDDIN MIAN v. THE STATE OF JHARKHAND

A.B.A./1511/2025 · 2025-03-06

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1511 of 2025 1. Samsuddin Mian aged about 58 years S/o late Rahman Mian. 2. Anaul Mian @ Dulwa Mian aged about 60 years S/o Manu Mian. 3. Abu Talib @ Taleb Ansari aged about 30 years S/o Samsuddin Mian, All R/o village-Mirga, P.O.-Chainpur, P.S-Narayanpur, District- Jamtara. … Petitioners Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. Nityanand Pd. Choudhary , Adv. For the State : Ms. Priya Shreshta, Spl.. PP 02 / 06.03.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with OCR Case No. 971 of 2022 registered under Sections 33, 41, 42 of the Indian Forest Act and Section 2 of Forest Conservation Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is involved in transportation of the soil from the forest area illegally on a tractor. It is then submitted that the allegations against the petitioner are all false and the petitioner has no concern either with the alleged soil or tractor. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 9 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the trial of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 5,000/- each as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Jamtara in connection with OCR Case No. 971 of 2022 subject to the condition that the petitioner will co- operate with the trial of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-