Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11888
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2469 of 2025
1. Krishna Ballabh Pandey,
2. Aditya Pandey, Both S/o Inderlal Pandey, R/o Lakrakhundi, PO Charak, PS Tundi, Distt. Dhanbad. ….. Petitioner(s).
Versus The State of Jharkhand ….. Opposite Party.
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CORAM :
SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Mahesh Tewari, Advocate
For the State : Mr. Manoj Kumar Mishra, 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 Nagrik Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest for the offences registered under section 33 of the Indian Forest Act, pending in the Court of learned Chief Judicial Magistrate at Dhanbad, in connection with C.P. Case No. 10259 of 2023.
3. The learned APP opposes the prayer for anticipatory bail.
4. The allegation against the petitioners is that they were cultivating the land which was recorded as forest land.
5. From the petition and also from the material on record and the
arguments, I find that the petitioner No.1 is aged about 84 years and petitioner no.2 is aged about 70 years and both are brothers. From the impugned order I find that there is a dispute in respect of title and ownership as title over the land has been claimed by these petitioners and they claimed that the rent was fixed by the Circle Officer.
6. Considering the aforesaid facts and the age of the petitioners, I am inclined to release the petitioners on anticipatory bail. Accordingly, the petitioners, above named, are directed to surrender before the court below within three 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
2025:JHHC:11888
the like amount each to the satisfaction of the learned Chief Judicial Magistrate at Dhanbad, in connection with C.P. Case No. 10259 of 2023, 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/