Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20294 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3587 of 2025
Birbal Mahto, S/o Punit Mahto, R/o Village- Bonga, P.O. and P.S. Ichak, District Hazaribagh
.... Petitioner(s).
Versus The State of Jharkhand
… Opp. Party(s).
……
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Hemant Kr. Shikarwar, Advocate For the State : Mr. Shree Prakash Jha, AddI. P.P.
…......
05/ 24.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State.
2.
This anticipatory bail application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 318(2), 338, 336(2), 340(2) of BNS.
3.
The learned APP opposes the prayer for anticipatory bail.
4.
The Mukhiya reported that this petitioner who had prepared false genealogical table in favour of others for issuing land possession certificate and has prepared fake rubber stamps and forged the signature of the Mukhiya while preparing the same.
5.
Learned counsel for the petitioner submits that all the allegations levelled against this petitioner is false. Mukhiya is trying to cover up his misdeeds, thus, he has falsely implicated the petitioner in this case. He lastly submits that he has appeared before the Investigating Officer, the Investigating Officer has got his statement recorded and has not arrested this petitioner and he is cooperating with the Investigation.
6.
Learned counsel for the State submits that petitioner is main kingpin and he has appeared before the Investigating Officer and his statement has been recorded wherein, he has accepted his guilt.
7. Considering the statement that the petitioner has appeared before the Investigating Officer and he has not been arrested, I am of the opinion that the Investigating Officer does not feel it proper to arrest this petitioner as the petitioner is cooperating with the investigation. Further all the offences except Section 338 of IPC are bailable in nature. There is nothing in the record to suggest that the petitioner has forged any security or authority as on date. Thus, I feel that this is a fit case for grant of anticipatory bail of the petitioner.
8.
Considering the above facts, I am inclined to allow this anticipatory bail application. 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, he 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 Judicial Magistrate 1st Class, Hazaribagh, in connection with Ichak P.S. Case No.24 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his 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.
Petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days till completion of investigation.
(ANANDA SEN, J.) R.S./