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2025 DAILYLAW 18182 (JHR)

SANJAY BARAIK v. THE STATE OF JHARKHAND

A.B.A./3651/2025 · 2025-07-11

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18853 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3651 of 2025 ------ 1. Sanjay Baraik 2. Ajay Baraik 3. Vijay Baraik. All son of Dev Narayan Baraik, R/o Banadag (Karmachhapar), P.O. + P.S. Angara, District Ranchi. 4. Krishna Singh Baraik, S/o Late Baiju Singh Baraik, R/o Getalsud, P.O. + P.S. Angara, District Ranchi. … … Petitioners Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Avisek Prasad, Advocate For the State : Mrs. Lily Sahay, A.P.P. ----- 04/ 11.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioners apprehending their arrest, for offences under Sections 316(2), 318(4), 338, 336(3), 115(2), 352, 351(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The allegation against these petitioners is that they fraudulently sold their land to the informant by preparing fake agreement by showing themselves to be khatiyani raiyats. The informant got caught in the trap of deceitful talks of the petitioners and purchased the land by paying considerable huge amount. Thereafter, the informant came to know that ancestors of the petitioners had already sold the land to another person. Thus, the informant has been cheated. 2025:JHHC:18853 2 5. After hearing the parties and going through the records, I find that the informant has stated that he has verified the documents, which was handed over and thereafter he had purchased the land. Further, it is an admitted fact that the land was also mutated in the name of the informant but since someone has objected the same, and filed appeal against the mutation, this case has been lodged. 6. Considering the above, I am inclined to allow this application. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioners, above named, are 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 their surrender 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 learned J.M. Ranchi, in connection with Angara P.S. Case No.46 of 2025, subject to the condition that one of the bailers should be a close relative of the petitioners 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. (ANANDA SEN, J.) Prashant. Cp-3