Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.296 of 2025
------ Basudeo Mahto, aged about 56 years, son of Indunath Mahto, Resident of Uper Tola Hanuman Mandir Tilaiya, P.O. & P.S.- Mahuwatand, District- Bokaro (Jharkhand) … Petitioner
Versus The State of Jharkhand
… Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Vikash Anand, Advocate For the State
: Mr. Prabir Kr. Chatterjee, Spl.P.P.
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Order No:-02 Dated:-14-02-2025
Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for modification of the order dated 19.04.2022 passed in A.B.A. No.2499 of 2022. It is submitted by the learned counsel for the petitioner that vide order dated 19.04.2022 passed in A.B.A. No.2499 of 2022, the petitioner was given the privileges of anticipatory bail and directed to surrender before the court below within six weeks upon his undertaking to deposit Rs.19,200/- with the Divisional Forest Officer, Bokaro without prejudice to his defence in this case but in the conclusion paragraph of the said order, due to printing error, it has been mentioned that the petitioner will be released on bail on showing the proof of depositing Rs.19,200/- with the ‘Divisional Forest Officer, Bokaro West Division’ due to which the concerned authority being the ‘Divisional Forest Officer, Bokaro’ did not accept the said deposit, hence, the petitioner could not surrender within the stipulated time. It is next submitted that the petitioner has already prepared the demand draft of the said amount and the copy of the same has been annexed with the brief. It is further submitted that now the petitioner is ready and willing to surrender before the learned court below and unless the said order dated 19.04.2022 passed in A.B.A. No.2499 of 2022 is modified, the petitioner will be highly prejudiced. Hence, it is submitted that the said order dated 19.04.2022 passed in A.B.A. No.2499 of 2022 be modified accordingly. Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for modification of the order dated 19.04.2022 passed in A.B.A. No.2499 of 2022 is allowed. Accordingly, the order dated 19.04.2022 passed in A.B.A. No.2499 of 2022 is modified to the following extent:-
“Considering aforesaid facts and circumstances of the case, I am inclined to grant the privileges of anticipatory bail to the petitioner.
Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on showing the proof of depositing Rs.19,200/- with the Divisional Forest Officer, Bokaro without prejudice to his defence and subject to final decision in the case and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bermo at Tenughat in connection with Complaint (Forest) Case No.296 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case with further condition that the petitioner will not go upon the place of occurrence land during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.
At the time of the conclusion of the trial, the trial court will pass appropriate order regarding the amount, if any, deposited by the petitioner with the Divisional Forest Officer, Bokaro in connection with this case.”
The order dated 19.04.2022 passed in A.B.A. No.2499 of 2022 is modified to the aforesaid extent only. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/