Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6021 of 2024 ------ Bablu Kumar Mahto, son of late Lenga Mahto, resident of village Sugnu, PO and PS Khelgaon, District Ranchi … … Petitioner(s) Versus 1.The State of Jharkhand. 2.Sanjay Kumar Sahu, son of Jaleshwar sahu, R/o village Sugnu, PS Khelgaon, District Ranchi … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. A.K. Kashyap, Sr. Advocate. For the State : Ms. Shweta Singh, A.P.P. For the Informant : Mr. Ranjan Kumar Singh, Advocate ----- 09/ 02.07.2025 Vide order dated 02.05.2025, considering the order of the Division Bench of this Court and the facts of this case, this case was ordered to be de-listed from this Bench because the same is a tied up matter. 2. When the matter was placed before Hon’ble the Chief Justice on administrative side, Hon’ble the Chief Justice again assigned this matter to this Bench, thus, I am hearing this application. 3. The petitioner had earlier filed an anticipatory bail application which was numbered as ABA No. 4642 of 2024. The said application was withdrawn by the petitioner with liberty to file fresh anticipatory bail application with better particulars. The said application was withdrawn from the coordinate Bench which is available. The order passed in the aforesaid bail application on 16.08.2024 is quoted herein below:
“Heard the parties. 2. Apprehending their arrest, the applicants have approached this Court for grant of privilege of anticipatory bail, in connection with Khelgaon P.S. Case No. 32 of 2024 registered for the offence under Sections 341, 447, 323, 406, 420, 504, 506 and 34 of the Indian Penal Code, pending in the court of learned J.M.F.C., Ranchi. 3. Learned counsel for the applicants seeks permission
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to withdraw the present anticipatory bail application with a liberty to file fresh one with better particulars. 4. Permission is accorded. 5. Accordingly, the present anticipatory bail application is hereby, disposed of as withdrawn with aforesaid liberty”. 4. Since the liberty was given to the petitioner to file fresh application, the instant application is filed. 5. Heard the parties. 6. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 341, 447, 323, 406, 420, 504, 506/34 of Indian Penal Code. 7.
The allegation against the petitioner is that he had entered into an agreement with the informant for sale of land but has not given possession of the same rather the informant has constructed the boundary wall and demolished the same also. 8. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 9. Learned senior counsel for the petitioner submits that the real fact is that out of consideration money, one cheque of about Rs. 5 lakh got dishonoured as a result of which the petitioner did not executed the agreement. He submits that the land which is sought to be sold by virtue of agreement belongs to the petitioner and the petitioner has clear undisputed title over the same. He submits that he is still ready to execute the deal provided if the balance amount is paid to the petitioner. He submits that he has also issued a legal notice. 10. Learned counsel appearing on behalf of the informant stated that the boundary wall was demolished and possession has not been given. 11. Considering the argument of the parties, I find there is an agreement to sale and the petitioner is still agreeable to execute sale provided the balance amount is paid to the petitioner. Further it is the contention of the petitioner that he
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has clear undisputed title over the land which he is intending to sale to the informant. 12. Considering the aforesaid fact, this Court finds it a fit case for grant of anticipatory bail to the petitioner. 13. 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 JMFC, Ranchi, in connection with Khelgaon P.S. Case No.32 of 2024, 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/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his/her share in the property. (ANANDA SEN, J.) Tanuj/Cp-3