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2026 DAILYLAW 1508 (JHR)

SANTOSH YADAV v. THE STATE OF JHARKHAND

A.B.A./7505/2025 · 2026-01-08

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:368 ) -1- A.B.A. No. 7505 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7505 of 2025 1. Santosh Yadav, aged about 53 years, S/o Mohan Yadav @ Rohan Yadav, R/o Village Mairag Khurd, Sijua, P.O. Jogiara, P.S. Pratappur, District- Chatra 2. Madan Yadav, aged about 35 years, S/o Dhanushdhari Mahto @ Dhanukhi Yadav, R/o Village Mairag Khurd, Sijua, P.O. Jogiara, P.S. Pratappur, District- Chatra 3. Jawahar Yadav @ Jamahir Yadav, aged about 40 years, S/o Hari Yadav, R/o Village Nawadih, Sijua, P.O. Jogiara, P.S. Pratappur, District- Chatra 4. Baleshwar Yadav, aged about 42 years, S/o Narul Yadav @ Newari Yadav, R/o Village Mairag Khurd, Sijua, P.O. Jogiara, P.S. Pratappur, District- Chatra … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Rishi Pallava, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl.P.P. ----- 02/08.01.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Complaint Case No.548/2017, corresponding to the Offence Report No.896 dated 16.11.2017, registered for the offence under Sections 33 and 63 of the Indian Forest Act, 1927 (Bihar Amendment Act, 1989), but Prosecution Report has been filed for the offence under Section 33(1)(c) of Indian Forest Act, 1927 (Bihar Amendment Act, 1989-90), pending in the Court of the learned S.D.J.M., Chatra. 3. Learned counsel appearing for the petitioners submits that false allegation has been made against the petitioners of cultivating poppy plants on the forest land. He further submits that even the land is not belonging to the petitioners. He then submits that so far as petitioner nos. 1, 2 and 4 are concerned, they have got no criminal antecedents, however, there is one ( 2026:JHHC:368 ) -2- A.B.A. No. 7505 of 2025 criminal antecedent of petitioner no.3, as disclosed in paragraph 9 of this application. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there against the petitioners of cultivating poppy plants on the forest land. 5. Considering that the allegations are there of cultivating poppy plants on the forest land and even the land is not belonging to the petitioners and petitioner nos. 1, 2 and 4 are having no criminal antecedents and petitioner no.3 is having one criminal antecedent, however, criminal antecedent is not the only criterion either for rejecting or allowing the anticipatory bail 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 S.D.J.M., Chatra in connection with Complaint Case No.548/2017, corresponding to Offence Report No.896 dated 16.11.2017, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 8th January, 2026 Ajay/