AMAR ANAND SARASWATI ALIAS AMAR ANAND SARSARATI v. THE STATE OF JHARKHAND
A.B.A./235/2025 · 2025-01-20
Rongon Mukhopadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31093 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31093 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 235 of 2025
Amar Anand Saraswati @ Amar Anand Sarswati, R/o Qtr. No. A7/12, Forest Colony, P.O. Dumka, P.S. Dumka Muffasil, Dist. Dumka, Jharkhand. --- --- Petitioner Versus The State of Jharkhand
--- --- Opposite Party
--- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY ---
For the Petitioner : Mr. Indrajit Sinha, Adv. For the O.P. : Mr. Vishwanath Roy, Spl. P.P.
--- 03/20.01.2025 Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Vishwanath Roy, learned Spl. P.P.
The petitioner apprehends his arrest in connection with Hazaribagh ACB P.S. Case No. 12 of 2024. It has been alleged by the complainant that a false case was instituted against him by the Forest Range Officer (Barhi)(petitioner) vide case no. 63/2024 and when he had approached the petitioner, a demand of Rs. 50,000/- was made for removal of his name and Rs. 25,000/- for getting reduction in the fine amount. On a complaint made, the same was verified and found to be true, and thereafter, a trap was laid on 27.09.2024 in which Basudeo Bhagat Malakar, one of the co-accused, was caught red handed with the tainted money. It has been submitted by Mr. Indrajit Sinha, learned counsel appearing for the petitioner that the tainted money was admittedly recovered from the possession of co-accused Basudeo Bhagat Malakar, who has been granted regular bail by this Court in B.A. No. 10688 of 2024. It has further been submitted that the petitioner is Forest Range Officer and the verification report dated 26.09.2024 itself reveals that on account of the absence of the petitioner, the verification could not be completed. Learned counsel further adds that the complainant is a habitual offender and in some of the cases, the petitioner has been cited as a witness and that was the reason for the false implication of the petitioner. -1-
Learned Spl. P.P. has opposed the prayer for anticipatory bail of the petitioner and has referred to certain paragraphs of the case diary in order to substantiate his submission that a proper verification was conducted and the petitioner was identified as the person, who was demanding illegal gratification. As it has been stated one of the co-accused from whom tainted money was recovered, has been granted bail by this Court.
The verification as against the petitioner was not completed as would be evident from the communication dated 26.09.2024. In view of the fact that the petitioner has been cited as a witness in some of the cases instituted against the complainant, there is a possibility of false implication of the petitioner. Moreover, on account of the fact that nothing was recovered from the possession of the petitioner and the entire allegation of recovery is attributed to Basudeo Bhagat Malakar, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner, accordingly, is directed to surrender before the learned court below within a period of four weeks and on his surrender, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, ACB, Hazaribagh in connection with Hazaribagh P.S. Case No. 12 of 2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. This application stands allowed. (Rongon Mukhopadhyay, J.) Preet/-
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