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2026 DAILYLAW 10559 (JHR)

LALBIHARI MAHTO v. THE STATE OF JHARKHAND

A.B.A./239/2026 · 2026-01-19

Sanjay Kumar Dwivedi

body2026

Judgment text

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[ 2026:JHHC:1362] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 239 of 2026 1. Lalbihari Mahto, son of Vishwanath Mahto, aged about 47 years, resident of village Ghatdhari, P.O. Jori, P.S. Vashisht Nagar, District Chatra, Jharkhand. 2. Gopal Mahto @Gopal Kumar, son of Jageshwar Mahto, aged about 24 years, resident of village Ghatdhari, P.O. Jori, P.S. Vashisht Nagar, District - Chatra, Jharkhand. 3. Kedar Mahto, son of Jhurak Mahto, aged about 47 years, resident of village Ghatdhari, P.O. Jori, PS. - Vashisht Nagar, District - Chatra, Jharkhand. ..... … Petitioners Versus The State of Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Yogendra Yadav, Advocate. For the State : Mr. Fahad Allam, A.P.P. ------ 05/ 19.01.2026 Heard learned counsel appearing for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Complaint Case No. 45 of 2025, registered for the offences under Section 33(1)(c) of the Indian Forest Act, pending in the Court of learned Chief Judicial Magistrate, Chatra. 3. Learned counsel appearing for the petitioners submits that false allegation is made against the petitioners of cultivation of poppy plant in the forest land. He next submits that the said land does not belongs to these petitioners. He further submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-16 of the petition. [ 2026:JHHC:1362] -2- 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegations are there of cultivation of the poppy plant in the forest land. 5. Considering that the name of these petitioners has come on the statement made by the villagers and the person, who has taken the name of these petitioners has not been disclosed in the FIR and further the land is of forest department and the petitioners are having no criminal antecedent and disclosure to that effect has been made in para- 16 of the petition, in that view of the matter, the petitioners, named above, are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-19.01.2026 Amitesh/-