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2026 DAILYLAW 12938 (JHR)

JASWANT KUMAR ALIAS YASHWANT KUMAR v. THE STATE OF JHARKHAND

A.B.A./2163/2026 · 2026-05-07

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:13712 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 2163 of 2026 ---- Jaswant Kumar @ Yashwant Kumar, aged about 43 years, son of Mahendra Prasad, resident of Village Meghatari, Ward No.3, PO Dibour, PS Koderma, District Koderma.... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Randhir Kumar, Advocate For the State :- Mr. Prabir Kr Chatterjee, Advocate ---- 2/07.05.2026 Heard learned counsels for petitioner and for State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No.171 of 2025, for offence registered under section 26(1)(g)(d)(f)(h), 41 and 42 of Indian Forest Act, 1927 (Bihar Amendment Act) and sections 27, 29, 31 and 51 of Wild Life Protection Act, 1972, pending in court of learned Chief Judicial Magistrate, Koderma. 3. Learned counsel for petitioner submits that the case is arising out of Indian Forest Act. He next submits that the allegations are made of collecting mica scrap (Dhibra). He further submits that the petitioner is a labourer and the allegations are false. He next submits that in one of the case, the petitioner has been implicated and in view of that, on the basis of suspicion, the petitioner has been further implicated in this case. 4. Learned State counsel opposes prayer and submits that the case is arising out of complaint case and in view of that the 2026:JHHC:13712 2 petitioner may comply the summons. 5. There is no doubt that in the complaint case if NBW is not there, the apprehension may not be there, however, the present case is arising out of Indian Forest Act wherein section 64 of the Act, clearly provides the power to arrest without warrant and in view of that the apprehension of arrest is there against the petitioner. It has been pointed out that the petitioner is a labourer and only on suspicion the name of the petitioner has been added in the FIR, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before learned court within two weeks from today, and in event of his surrender/arrest, the 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 the satisfaction of learned Chief Judicial Magistrate, Koderma, in connection with Complaint Case No.171 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) 07.05.2026 SI/