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2025 DAILYLAW 14895 (JHR)

MADHUSUDAN SINGH v. THE STATE OF JHARKHAND

A.B.A./2824/2025 · 2025-07-07

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18168 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2824 of 2025 Madhusudan Singh, son of late Brindavan Singh, resident of village Sijua, P.O Radhanagar, P.S.- Balidih, Bokaro. ..... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Anil Kr. Singh, Advocate. For the State : Mr. Rajesh Kumar, A.P.P …..... 05/07.07.2025: This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for the offences registered under Section(s) 324(2), 324(3), 329(3), BNS-2023, Section 3 of the Prevention of Damage of Public Property Act, 1984 and Section 3(i) of the Prevention of Defacement of Property Act, 1995. 2. Heard the parties at length and had gone through the documents, annexed along with this application. 3. The allegation against the petitioner is that he has levelled the soil of village Sijua, Thana No. 200, Plot No. 2842, Old Khata No. 87 of area 20.70 acres which was hillock. 4. Learned counsel for the petitioner submits that there is bona fide land dispute, which it is evident from Form-M. The Form-M (under Rule 7.1 of the Bihar Land Reforms Act, 1950) would suggests that the land is jointly recorded in the names of ancestors of this petitioner. He further submits that the petitioner has given notice for correction in the records of rights. 5. Learned APP opposes the prayer for bail and submits that the Hillock has been levelled by this petitioner by excavating the soil. The land is recorded as Gairmajrua Khas. 6. Considering the Form-M and the fact that the petitioner has questioned and contested the recording in the records of rights, I am inclined to allow this anticipatory bail application. Accordingly, the petitioner, above named, is directed to surrender before the court below within four weeks from today and in the event of his surrender/arrest, the court below is directed to enlarge him on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bokaro, in connection with Balidih P.S. Case No. 65/2025, subject to 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 Trial Court indicating his/her share in the property. Anu/-C.P.-3 (ANANDA SEN, J.)