2025:JHHC:11863 -: 1 :- A.B.A. No. 3773 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3773 of 2024 ---- 1. Vikash Kumar Mahatha @ Vikash Mahatha son of Parmeshwar Mahatha 2. Rakho Hari Mahatha @ Rakhohari Mahatha son of Ajit Kumar Mahatha 3. Uttam Kumar Mahatha son of Ajit Kumar Mahatha All resident of Village Fudanidih, PO PS Chas, District Bokaro. … Petitioners -versus- 1. The State of Jharkhand 2. Mukesh Kumar Singh son of Jwala Singh, resident of Quarter No.1237, Sector XII, B.S. City, PO PS Sector XII, District Bokaro. … Opposite Parties ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioners : Mr. Sanjeev Thakur, Advocate For the Opp. Parties: Mr. Binit Chandra, AC to AAG III ---- 9/ 21.04.2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. Through this anticipatory bail application, the petitioners, apprehending their arrest in connection with Chas (M) Police Station Case No.230 of 2023 for allegedly committing offences under 406, 420, 467, 468, 471, 120B, 506, 34 of the Indian Penal Code, pending in the Court of the Chief Judicial Magistrate, Bokaro, have prayed for grant of anticipatory bail. 3. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated by the informant. He submits that the allegations in the First Information Report revolve around the dispute which is purely civil in nature. He submits that the petitioners are respectable persons and there is no chance of their absconding. Learned counsel for the petitioners submits that to avoid payment of rest part of land owners’ amount after sale of land, the informant in connivance with other power of attorney holders has lodged this case against these petitioners and their father. 2025:JHHC:11863 -: 2 :- A.B.A. No. 3773 of 2024 4. Learned A.P.P. appearing for the State opposed the prayer for anticipatory bail of the petitioners. 5. The allegation in the First Information Report states that a Power of Attorney dated 01.10.2022 was executed by the fathers of the petitioners in favour of the informant in respect of plots of lands as mentioned therein. It has also been alleged that certain amounts were transferred in the accounts of these petitioners and was also paid in cash. It has also been alleged that certain amounts were transferred in the accounts of Sadanand Gope and Nizamuddin Shah and were paid in cash also for paying the same to the fathers of these petitioners. It has been alleged that the named persons in connivance with each other have cheated the informant by showing the landed property of themselves, which are of Adiwasi Khata (lands of Schedule Tribe, i.e., non-transferable). Thus, the accused persons have cheated the informant for a sum of Rs.1,45,61,000/- and harmed him. It has also been alleged that when the informant asked for returning his money, but the money was not returned and he was threatened. It has also been alleged that the accused persons have abused the informant in filthy languages and threatened to kill him. 6. It transpires that both the petitioners are sons of the principal, who had executed the Power of Attorney. Lands were sold and it was found that some portion of the sale amount was credited in the account of these petitioners. Allegation is that some portion of the lands were not saleable lands being lands belonging to Scheduled Tribe and Scheduled Caste persons. 7. The fact remains that these petitioners had not executed the Power of Attorney, rather their respective fathers had executed the same. Only some amount was credited in their accounts. There is nothing to show that these petitioners have cheated the informant in any manner. 8. Considering the nature of allegations, which do not show any materials against these petitioners save and except that some amount was credited in their accounts, I am inclined to grant anticipatory bail to the petitioners. The petitioners, named above, are directed to surrender before the Court below within four weeks from today and in the event of their surrender and/or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bokaro in connection with Chas (M) Police Station Case No.230 of 2023, subject to the 2025:JHHC:11863 -: 3 :- A.B.A. No. 3773 of 2024 condition that one of the bailers in respect of each of the petitioners should be a close relative of the respective petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his own name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 9. This anticipatory bail application is, accordingly, allowed. (Ananda Sen, J.) Kumar/Cp-03