Citation : 2026 Latest Caselaw 606 Jhar
Judgement Date : 2 February, 2026
( 2026:JHHC:2577 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 268 of 2026
Shiv Prasad Yadav, S/o Indradev Yadav, aged about 36 years, resident of
Village- Jawabar, P.O. Balubhang, P.S. Bariyatu, District- Latehar (Jharkhand)
... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Shahid Yunus, Advocate
For the State : Mr. Pankaj Kumar, P.P.
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03/02.02.2026 Heard learned counsel appearing for the petitioner and learned counsel
appearing for the State.
2. The petitioner is apprehending his arrest in connection with Bariyatu
P.S. Case No.77/2024, registered for the offence under Sections 15(c), 17(c),
18(b) and 25 of N.D.P.S. Act, pending in the Court of the learned Special
Judge, N.D.P.S., Latehar.
3. Learned counsel appearing for the petitioner submits that false
allegation is made against the petitioner of cultivation of poppy plants on the
forest land. He further submits that even the land is not belonging to the
petitioner. He next submits that one of the co-accused has been granted
privilege of anticipatory bail by this Court in A.B.A. No.6640 of 2025.
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 petitioner and one of the co-accused has been granted
anticipatory bail in A.B.A. No.6640 of 2025 and in the attending facts and
circumstances of the case, I am inclined to extend the privilege of anticipatory
( 2026:JHHC:2577 )
bail to the petitioner.
6. Accordingly, the above-named petitioner is directed to surrender
before the learned Court within three weeks from today and in the event of
his arrest or surrender, he shall be enlarged on bail on furnishing bail bond
of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge, N.D.P.S., Latehar
in connection with Bariyatu P.S. Case No.77/2024, subject to the conditions
as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated: 2nd February, 2026 Ajay/
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