Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20819 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2547 of 2025 ------ Pramod Kumar Sinha, aged about 53 years, son of Late Ayodhya Prasad, Residence of Village-Holang, P.O. & P.S.- Tatijhariya, District-Hazaribagh … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Manish Kumar, Advocate For the State : Mr. Fahad Allam, APP
For the Informant : Mr. Akash Deep, Advocate ----- 07/ 29.07.2025
Heard the parties.
2.
This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 323, 341, 419, 420, 467, 468, 471 of the IPC.
3.
The land bearing Khata 97, plot No.206, area 8.5 decimal out of 34 decimal and plot no.205, area 64 decimal out of 315 decimal was recorded in the name of Bhikhan Prasad Das in the record of rights who was informant’s great grand- father. At present rent receipt of same was being issued in the name of Mahesh Prasad, Shivnandan Prasad and Kanshi Prasad. It is further alleged that accused is not the heirs of Mahesh or Shivnandan but by creating forged and fabricated rent receipt, he sold the aforesaid land and when the informant protested, he started abusing him.
4.
Learned counsel for the petitioner submits that the land belongs to this petitioner and he was bona fide seller of the same but this false case has been lodged by the informant. The informant has no right, title, interest and possession over the land in question but only with an ulterior motive has lodged this criminal case.
5.
The informant submits that the land belongs to his ancestor and by manipulating the documents, petitioner is selling the land. The learned counsel for the informant further submits
2025:JHHC:20819 2
that one of the brothers of this petitioner has also been taken in custody in respect of similar nature of case.
6.
On query, both the parties admit that for the same land in question, a title suit is pending between the parties before the appropriate Civil Court.
7. Learned A.P.P. representing the State opposes the prayer for anticipatory bail.
8.
Considering the fact that the main dispute is in respect of right, title, interest over the land which has been claimed by both the parties and the suit is pending, I am inclined to allow this application as this is not a case of custodial interrogation.
9.
Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Hazaribagh in connection with Tatijharia P.S. Case No.68/2024, subject to the condition that one of the bailers should be a close relative of the petitioners and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. The petitioner should cooperate with the investigation and appear before the concerned Court once in every fifteen days, till submission of the final report.
(ANANDA SEN, J.) Sandeep. Cp-3