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2025 DAILYLAW 23880 (JHR)

KAILASH KUMAR RAY v. THE STATE OF JHARKHAND

A.B.A./4895/2025 · 2025-08-28

Sanjay Kumar Dwivedi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4895 of 2025 1. Kailash Kumar Ray, aged about 28 years, son of badri Ray, resident of Chalmundri, P.O. and P.S. Tantri, District-Dhanbad, Jharkhand 2. Kamal Ray @ Kamay Ray, aged about 60 years, son of Bhuna Ray, resident of Chalmundri, P.O. and P.S. Tantri, District-Dhanbad, Jharkhand 3. Nepal Ray, aged about 44 years, son of Bhuna Ray, resident of Chalmundri, P.O. and P.S. Tantri, District-Dhanbad, Jharkhand 4. Patwa Devi, aged about 45 years, wife of Vimal Ray, resident of Chalmundri, P.O. and P.S. Tantri, District-Dhanbad, Jharkhand ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Rishu Ranjan, Advocate For the State : Mrs. Bandana Sinha, A.P.P. 02/ 28.08.2025: Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Giridih Town P.S. Case No. 117 of 2024, registered under sections 420, 467, 468, 471, 504, 506 of the I.P.C, pending in the Court of learned Chief Judicial Magistrate, Giridih. 3. Learned counsel for the petitioners submits that petitioners are descendants of recorded tenant Kehar Singh, who died issue-less and further his properties were inherited by his co-sharers and subsequently they had executed power of attorney in favour of co-accused persons. He further submits that petitioners are paying rent for 65 decimals of land under Khata No. 41 appertaining to plot no. 305 situated at Mouza-Madhuban which is duly entered in Register-II of record. He submits that for that property O.S. No. 185 of 2022 has been instituted which has been dismissed as abated. He further submits that case purely civil in nature for that criminal colour has been given. He submits that by the same impugned order some of the co-accused have been granted anticipatory bail. On these grounds, he submits that the petitioners may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that allegations are there of utilizing forged power of attorney. 5. Considering that matter is arising out of land dispute for that one suit has been instituted and co-accused persons have been granted anticipatory bail by the learned Sessions Judge, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named, petitioners are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Giridih, in connection with Giridih Town P.S. Case No. 117 of 2024, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. ( Sanjay Kumar Dwivedi, J.) satyarthi-