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2025 DAILYLAW 26048 (JHR)

KRISHNA KUMAR MEHTA ALIAS KRISHNA KUMAR v. THE STATE OF JHARKHAND

A.B.A./5694/2025 · 2025-09-24

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:29666 ) -1- A.B.A. No. 5694 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5694 of 2025 1. Krishna Kumar Mehta @ Krishna Kumar, aged about 33 years, son of Arjun Mahto 2. Arjun Mahto @ Arjun Prasad Mehta, aged about 72 years, son of Late Birbal Mahto Both resident of Village- Lupung, P.O. Lupung, P.S. Katkamsandi, District- Hazaribagh, Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Anjani Kumar, Advocate For the State : Mr. Pankaj Kumar, P.P. ----- 03/24.09.2025 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Complaint G (Forest) Case No.1781 of 2020, registered for the offence under Section 33(1)(a)(c) of the Indian Forest Act and under Sections 27/29 of the Wild Life Protection Act, pending in the Court of the learned Judicial Magistrate, 1st Class, Hazaribagh. 3. Learned counsel appearing for the petitioners submits that the false allegations are made against the petitioners of cultivating tomato and brinjal in the forest land. He further submits that the petitioners were doing cultivation on their own land and the said land is not belonging to the Forest Department. He then submits that the petitioners have faced the criminal case so far as the land in question is concerned and, in that case, they have been acquitted. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there of cultivation of tomato and brinjal on the forest land. ( 2025:JHHC:29666 ) -2- A.B.A. No. 5694 of 2025 5. In view of the above and considering that the petitioners had also faced trial so far as the land in question is concerned and they have been acquitted in that case and, thereafter, the present case has been filed and it has been pointed out that the petitioners were cultivating on their own land and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Complaint G (Forest) Case No.1781 of 2020, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 24th September, 2025 Ajay/