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2025 DAILYLAW 30706 (JHR)

MAHENDRA MAHTO ALIAS MAHENDRA KUMAR v. THE STATE OF JHARKHAND

A.B.A./865/2025 · 2025-02-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.865 of 2025 ------ 1. Mahendra Mahto @ Mahendra Kumar aged about 33 years son of Braj Kishore Mahto. 2. Dilip Mahto aged about 34 years son of Suresh Mahto. 3. Rajendra Mahto @ Rajendra Kumar aged about 33 years son of Braj Kishor Mahto. 4. Tulender Kumar Mahto @ Tulender Mahto @ Tuleshwar Kumar Mahto aged about 35 years son of Braj Kishor Mahto. 5. Mahendra Ganjhu @ Mahendra Kumar Bhokta aged about 29 years son of Basu Ganjhu. All are residents of village Gidhatari, P.O. Jori, Police Station- Bashisthanagar, District-Chatra. .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Abhay Kr. Chaturvedy, Advocate : Mr. Rajesh Kr. Singh, Advocate For the State : Mr. Satish Kr. Keshri, Addl.P.P. ------ Order No.02 Dated- 07/02/2025 Heard the parties. Apprehending their arrest in connection with Complaint Case No.126 of 2018 instituted under Sections 33 of Indian Forest Act and 3(A) of Forest Conservation Act 1980, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in cultivation of opium. It is submitted that the allegation against the petitioners is false. It is next submitted that for the self-same occurrence Bashistha Nagar P.S. Case No.09 of 2018 corresponding to G.R. No.128 of 2018, N.D.P.S. Case No.27 of 2018 was registered and by the judgment dated 22.01.2025 passed by the Addl. Sessions Judge-cum-Special Judge, N.D.P.S., Act-IV, Chatra, the petitioners who faced the trial have been acquitted but for the self-same occurrence, this forest case has subsequently been filed. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and will not enter into the forest area during the pendency of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, 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 C.J.M., Chatra in connection with Complaint Case No.126 of 2018 with the condition that they will co-operate with the trial of the case and will not enter into the forest area during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/