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2026 DAILYLAW 12944 (JHR)

PRABHU BHUIYAN v. STATE OF JHARKHAND

A.B.A./2305/2026 · 2026-05-08

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:13920 ) -1- A.B.A. No. 2305 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2305 of 2026 1. Prabhu Bhuiyan, aged about 38 years, son of Sarju Bhuiyan 2. Nanku Bhuiyan, aged about 32 years, son of Garaj Bhuiyan 3. Vijay Bhuiyan, aged about 29 years, son of Nageshwar Bhuiyan All are residents of Village- Tikuliya, P.O. & P.S. Lawalong, District- Chatra … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Abhay Kumar Chaturvedy, Advocate For the State : Mr. Rakesh Kumar Sinha, A.P.P. ----- 02/08.05.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Lawalong P.S. Case No.5 of 2026 dated 07.02.2026, registered for the offence under Sections 18, 27(a), 28, 29, 30 of NDPS Act and Section 33 of Indian Forest Act, pending in the Court of the learned Sessions Judge cum Special Judge, NDPS Cases, Chatra. 3. Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case alleging cultivation of poppy plants on the forest land. He further submits that the petitioners are poor villagers and only on suspicion, the name of the petitioners has been inserted in the FIR. He next submits that the petitioners have got no criminal antecedent, as disclosed in paragraph 19 of this application. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of cultivation of poppy plants on the forest land. ( 2026:JHHC:13920 ) -2- A.B.A. No. 2305 of 2026 5. Considering that the name of the person, who has taken the petitioners’ name, has not been disclosed in the FIR and further the land is of the Forest Department and that is not belonging to the petitioners and they have got no criminal antecedent and co-accused have been granted anticipatory bail in A.B.A. No.2911 of 2025, 2940 of 2025, 4365 of 2025 and 2302 of 2026 and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, NDPS Cases, Chatra in connection with Lawalong P.S. Case No.5 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 8th May, 2026 Ajay/