Kamlesh Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

Kamlesh Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all five petitioners: they are to surrender within two weeks and, on arrest or surrender, be enlarged on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Complaint Case No. 105 of 2025 under Section 33 of the Indian Forest Act (alleged cultivation of poppy plant on forest land), are entitled to anticipatory bail.

Court's answer

Anticipatory bail granted because the land is of the Forest Department and not belonging to the petitioners, and the petitioners are said to be villagers having no criminal antecedent as disclosed in para 18 of the petition.

Ratio / Principle

The petitioners are directed to surrender before the learned court within two weeks, and in the event of their arrest or surrender they are to be enlarged on bail.

Key takeaways

On arrest or surrender, each petitioner is to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Chatra, in connection with Complaint Case No. 105 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail granted to five petitioners apprehending arrest in Complaint Case No. 105 of 2025 (offence under Section 33 of the Indian Forest Act, alleged cultivation of poppy plant on forest land) pending before the learned Chief Judicial Magistrate, Chatra. The court was moved by the fact that the land is of the Forest Department and not belonging to the petitioners, and that the petitioners are villagers having no criminal antecedent as disclosed in para 18 of the petition. Petitioners directed to surrender within two weeks; on arrest or surrender to be enlarged on bail on furnishing a bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Single Judge: Sanjay Kumar Dwivedi, J.; decided 03.07.2026.

2026:JHHC:19436

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 3564 of 2026

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Kamlesh Yadav, aged about 30 years, son of Churaman Yadav, resident of Village Hasot, P.O. Moktama, P.S. Chatra, District Chatra

Surendra Yadav, aged about 46 years, son of Balo Yadav, resident of Village Hasot, P.O. Moktama, P.S. Chatra, District Chatra

Bhagrit Ganjhu @ Bhagirath Ganjhu, aged about 36 years, son of Late Chhedi Ganjhu, resident of Village Hasot, P.O. Moktama, P.S. Chatra, District Chatra

Subhash Paswan, aged about 41 years, son of Parmeshwar Paswan, resident of Village Tarog, P.O. and P.S. Chatra, District Chatra

Subodh Paswan @ Subodh Kumar, aged about 29 years, son of Prasadi Paswan, resident of Village Tarog, P.O. Moktama and P.S. Chatra, District Chatra .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners : Mr. Binod Kumar Dubey, Advocate For the State : Mr. Vineet Kumar Vashistha, Special P.P.

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02/03.07.2026 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 105 of 2025, registered for the offence under Section 33 of the Indian Forest Act, pending in the court of learned Chief Judicial Magistrate, Chatra.

Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case alleging cultivation of poppy plant on the forest land. He next submits that the petitioners are poor villagers and having no criminal antecedent as disclosed in para 18 of the petition.

Learned counsel appearing for the State opposes the prayer and submits that the allegations are there of cultivation of poppy plant.

Considering that the land is of the Forest Department and not belonging to the petitioners and the petitioners are said to be villagers having no criminal antecedent as disclosed in para 18 of the petition, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the petitioners.

2026:JHHC:19436

Accordingly, the above-named petitioners are directed to surrender before the learned court within two 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 Chief Judicial Magistrate, Chatra, in connection with Complaint Case No. 105 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J . )

Dated 03.07.2026 Anit

Uploaded 07.07.2026