MAHESH PRASAD ALIAS MAHESH v. THE STATE OF JHARKHAND
A.B.A./2466/2025 · 2025-04-22
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10096 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10096 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11944
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2466 of 2025
1. Mahesh Prasad @ Mahesh, S/o Laldhan Mahto, R/o village Ambatand, PO Uchaghana, PS Bishnugarh, District Hazaribagh. 2. Vijay Mahto @ Vijay Kumar Mahto, S/o Dwarika Mahto, R/o village Kharna, PO & PS Bishnugarh,District Hazaribagh. ….. Petitioner(s). Versus The State of Jharkhand ….. Opposite Party. ----
CORAM :
SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Lukesh Kumar, Advocate
For the State : Mr. Sardhu Mahto, APP
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02/22.04.2025: Heard the learned counsel for the parties. 2. The present anticipatory bail application under sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest for the offences registered under sections 316(2), 319(2), 318(4), 338, 336(3), 340 (2), 61 & 111 of BNS, pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribag, in connection with Bishnugarh PS Case No.238 of 2024. 3. The learned APP opposes the prayer for anticipatory bail. 4. The allegation against the petitioners is that the petitioners are middlemen, through whom company had sent several persons to work in South Africa. It is alleged that while working in South Africa those persons have not been paid their salary for four months. During course of argument it has been submitted that the workers have already returned. 5. Considering the nature of allegations that the workers who were working in South Africa were not paid salary for four months by their employer in South Africa and the fact that these petitioners are the middlemen who arranged for the journey of these labourers to South Africa, I am inclined to release these petitioners on anticipatory bail. Accordingly, the petitioners, above named, are directed to surrender before the court below within four weeks from today and in the event of their surrender/arrest, the learned court below is directed to enlarge them on bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the learned
2025:JHHC:11944
Judicial Magistrate, 1st Class, Hazaribag, in connection with Bishnugarh PS Case No.238 of 2024, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/ her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his /her share in the property. (ANANDA SEN, J. )
KNR/