Md. Shamim Miyan vs The State Of Jharkhand ..... ... ...
2026 Latest Caselaw 1193 Jhar

Jharkhand High Court

Md. Shamim Miyan vs The State Of Jharkhand ..... ... ... on 16 February, 2026

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                      ( 2026:JHHC:4242 )




       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      A. B. A. No. 859 of 2026

          1. Md. Shamim Miyan, aged about 40 years, son of Kamruddin Miyan
          2. Lakhan Mahto, aged about 55 years, son of Panu Mahto
          3. Prasad Bharti aged about 45 years, son of Dhaneshwar Bharti,
              All are residents of village Bami, P.O. and P.S. Pratapur, District-Chatra
                                                       ...... ... Petitioners
                                        Versus
       The State of Jharkhand                                  .....     ...      Opposite Party
                                    --------

              CORAM:        HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
       For the Petitioners                   :Ms. Anshu Kumari, Advocate
       For the State                      : Mr. Bhola Nath Ojha, A.P.P

         02/    16.02.2026: Heard learned counsel for the petitioners and learned counsel

       for the State.

        2.                 The petitioners are apprehending      their arrest in connection with

Complaint Case No. 239 of 2023, registered under sections 33 (1) (c) of Indian Forest

Act, pending in the Court of learned S.D.J.M, Chatra.

3. Learned counsel for the petitioners submits that false allegation has

been made of cultivation of poppy plant in the forest area. He further submits that

land is not belonging to the petitioner. He further submits that petitioners have got no

criminal antecedent which is disclosed in para 10 of the petition. On these grounds,

she submits that the petitioners may kindly be provided privilege of anticipatory bail.

4. Learned counsel for the State opposes the prayer and submits that

allegations are there of cultivation of poppy plant in the forest area.

5. Considering that the land is of the forest department, the land is not

belonging to the petitioners and petitioners have got no criminal antecedent which is

disclosed in para 10 of the petition and in that view of the matter, petitioners are

directed to surrender before the learned court within two weeks from today and the

learned court shall release the petitioners on terms and conditions and sureties as

learned court deems fit and proper.

6. This anticipatory bail application is disposed of.

Dt.16.02.2026                                            ( Sanjay Kumar Dwivedi, J.)
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