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2025 DAILYLAW 10796 (JHR)

SANTOSH KUMAR SAHU v. THE STATE OF JHARKHAND

A.B.A./2393/2024 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2393 of 2024 ------ 1. Bijendra Kumar, aged about 50 years, son of Mahadev Ram, Resident of Near Post Office, Rola, P.O.- Meru, P.S.- Korrah, District- Hazaribagh; 2. Sukhdev Sahu, aged about 55 years, son of Late Tulsi Sahu, Resident of House No. 104, Main Road Pithoria, P.O. and P.S.- Pithoria, District- Ranchi; 3. Abhishek Kumar, aged about 41 years, son of Ajit Mahto, Resident of Village Koiri Muhalla, Maharana Pratap Chowk, Pithoria, P.O. and P.S.- Pithoria, District- Ranchi. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate Mrs. Jasvindar Mazumdar, Advocate For the State : Mrs. Lily Sahay, Addl.P.P. For the Informant : Mr. Rishu Ranjan, Advocate ------ Order No.08 Dated-27-01-2025 Heard the parties. Apprehending their arrest in connection with Pithoria P.S. Case No.84 of 2023 instituted under Sections 419/420/467/468/471/474/427/ 452/506/120B of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned senior counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, on the basis of forged power of attorney executed in favour of the co-accused- Vikash Kumar Sahu and Chandra Shekhar Kumar; which was executed in their favour purportedly by Prashant Kumar Ghosh but in fact Sameer Kumar Bose impersonated as Prashant Kumar Ghosh; have purchased the land of the informant by two separate sale-deeds. It is submitted that the allegation against the petitioners is false. It is also submitted that there is no allegation against the petitioners of having any connection with Sameer Kumar Bose and the petitioners are bonafide purchaser of the land. It is also submitted that the dispute between the parties is basically a civil dispute. It is next submitted that the petitioners are in possession of their purchased land and the land has been mutated in their favour and their name have been duly mentioned in Register-II. It is next submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned counsel appearing for the State and the learned counsel for the informant on the other hand submit that the entry of the name of the petitioners in the Register-II has, since been cancelled but no suit has been filed as yet for declaration that the sale-deeds concerned executed in favour of the petitioners to be null and void. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will 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 Judicial Magistrate, Ranchi in connection with Pithoria P.S. Case No.84 of 2023 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Saroj/