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2025 DAILYLAW 3237 (JHR)

DULARCHAND MAHTO v. THE STATE OF JHARKHAND

A.B.A./542/2025 · 2025-01-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.542 of 2025 ------ Dularchand Mahto, aged about 53 years son of Khushi Mahto, resident of village-Kanjkiro, P.O. & P.S.-Bokaro Thermal, District- Bokaro. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Ms. Pinki Kumari, Advocate For the State : Ms. Mohua Palit, Addl.P.P. ------ Order No.02 Dated- 27/01/2025 Heard the parties. Apprehending his arrest in connection with Complaint (Forest) Case No.146 of 2021 instituted under Section 33 of the Indian Forest Act, 1927, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner encroached upon the forest land by constructing a broiler farm. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has no concern with the encroached structure made upon the forest land. It is lastly submitted that the petitioner undertakes to demolish the same and furnish the certificate to the Forest Range Officer, Bermo and also to co-operate with the trial of the case and will not enter into the forest area. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that place of occurrence is a protected forest land and the same does not belong to the petitioner, hence, the petitioner ought not be given the privileges of anticipatory bail. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on showing proof of furnishing a certificate with the Forest Range Officer, Bermo that the construction made upon the forest land has been demolished and on furnishing bail bond of Rs.25,000/- (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.146 of 2021 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/