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2026 DAILYLAW 5768 (JHR)

KAMACHI BHUIYAN @ FULESHWAR BHUIYAN v. THE STATE OF JHARKHAND

A.B.A./1481/2026 · 2026-04-09

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:10274 --1-- A.B.A. No. 1481 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1481 of 2026 ---- 1. Kamachi Bhuiyan @ Fuleshwar Bhuiyan, aged about 60 years, S/o Moran Bhuiyan, resident of village – Dodang, PO and PS – Herhanj, District – Latehar, Jharkhand 2. Mahendra Yadav, aged about 34 years, S/o Ramjit Yadav 3. Rajbali Yadav, aged about 43 years, S/o Chutar Yadav, petitioner Nos.2 and 3 are resident of village – Inatu, PO and PS – Herahanj, District – Latehar 4. Rambriksh Sao, aged about 55 years, S/o Chulhan Saw, village – Bazartand, PO and PS – Herhanj, District – Latehar, Jharkhand .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Mr. Shahid Yunus, Advocate For the State :- Mr. Prabhu Dayal Agrawal, Advocate ---- 02/09.04.2026 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Herhanj P.S. Case No.03 of 2026 for the alleged offences registered under Sections 17, 18 and 29 of NDPS Act pending in the Court of learned Special Judge NDPS, Latehar. 3. Learned counsel appearing for the petitioners submits that false allegation is made against the petitioners of cultivation of poppy plants on the forest land. He further submits that the land is of the forest department and that is not belonging to the 2026:JHHC:10274 --2-- A.B.A. No. 1481 of 2026 petitioners. He then submits that the petitioners have got no criminal antecedent as disclosed in paragraph No.06 of the petition. He also submits that in identical situation co-accused persons have already been granted anticipatory bail in ABA No.1408 of 2026. 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. 5. Considering that the land is of the forest department and that is not belonging to the petitioners and the petitioners have got no criminal antecedent as disclosed in paragraph No.06 of the petition and further in identical situation co-accused persons have already been granted anticipatory bail in the aforesaid ABA and in that view of the matter the petitioners are directed to surrender before the learned Court within two weeks 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 09.04.2026 Sangam/