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2025 DAILYLAW 26948 (JHR)

ARJUN SHARMA v. THE STATE OF JHARKHAND

A.B.A./7232/2024 · 2025-07-09

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18402 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7232 of 2024 ------ Arjun Sharma, aged about 60 years, son of Late Ramdhani Sharma, Resident of Village- Jagdishpur, P.O. Jagdishpur & P.S.- Muffasil, District- Hazaribagh. … … Petitioner Versus 1. The State of Jharkhand. 2. Ranjeet Kumar Rana, aged about 42 years, S/o Sri Beni Rana. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Gautam Kumar Pandey, Advocate For the State : Mr. Fahad Allam, APP For the O.P. No.2 : Mr. Pratik Sen, Advocate ----- 08/ 09.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with Hazaribagh Sadar P.S. Case No.251 of 2024, for offences under Sections 181, 182, 420, 465, 467, 468, 469, 471, 474, 120(B) of the India Penal Code. The case is presently pending before the Court of learned Chief Judicial Magistrate, Hazaribag. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The informant alleges that his land is being sold by this petitioner who does not even have any connection with the property of the family of the land holder. It is the case of the informant that on the basis of fabricated genealogical table, this petitioner in a clandestine manner is selling the ancestral lands without their being any authority and on the basis of that, the F.I.R. has been lodged. 5. Learned counsel appearing on behalf of the petitioner submits that they are the decedents of the legal heirs and the petitioner is claiming title over the land. 6. From the arguments of the parties, I find that the disputes primarily is in respect of right, title and interest over the property in question. The petitioner claims that the ancestor of the 2025:JHHC:18402 2 opposite party died issueless where as the opposite party claims otherwise. Whether a person in the family died issueless or not can only be decided in an appropriate civil suit. Further, since both the parties are claiming title over the land in question, the best recourse should be to approach the civil court of competent jurisdiction to declare their right, title and interest and the status of each of the persons. This is not a case where custodial investigation is necessary. 7. Considering the aforesaid facts, I am inclined to allow this application. 8. 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 Chief Judicial Magistrate, Hazaribag in connection with Hazaribagh Sadar P.S. Case No.251 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are 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.) Sandeep. Cp-3