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2025 DAILYLAW 22209 (JHR)

ASHOK PRASAD MEHTA v. THE STATE OF JHARKHAND

A.B.A./4766/2025 · 2025-08-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:25357 --1-- A.B.A. No. 4766 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4766 of 2025 ---- Ashok Prasad Mehta, aged about 44 years, son of Dukharan Mahto, R/o village – Gosi, PO – Bahimar, PS – Katkamsandi, District – Hazaribagh .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Vikram Sinha, Advocate For the State :- Mrs. Ruby Pandey, Advocate ---- 04/26.08.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with G(F) Case No.324 of 2016, for the alleged offences registered under Sections 33(i)(c) of Indian Forest Act pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribagh. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and the allegations are made that the petitioner ploughed and encroached about 1 acre and 75 decimals of forest land. He submits that the petitioner has got no criminal antecedent as disclosed in paragraph No.13 of the petition. He further submits that in identical situation one co-accused has already been granted anticipatory bail in A.B.A. No.1166 of 2019. 4. Learned counsel appearing for the State opposes the prayer 2025:JHHC:25357 --2-- A.B.A. No. 4766 of 2025 and submits that the allegations are there of ploughing the forest area. 5. Considering that the dispute is there with regard to the land and the petitioner has got no criminal antecedent as disclosed in paragraph No.13 of the petition and in identical situation one co- accused has already been granted anticipatory bail in A.B.A. No.1166 of 2019, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with G(F) Case No.324 of 2016, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/