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2025 DAILYLAW 33507 (JHR)

UPENDRA MAHTO ALIAS UPENDRA KUMAR MAHTO ALIAS UPENDRA KUMAR MEHTA v. THE STATE OF JHARKHAND

A.B.A./5972/2025 · 2025-10-13

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:31538 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.5972 of 2025 1. Upendra Mahto @ Upendra Kumar Mahto @ Upendra Kumar Mehta, age about 35 Years, son of Budhan Mahto 2. Jagdish Mahto, age about 49 years, son of Budhan Mahto, 3. Ganga Ram, age about 44, son of Komal Ram 4. Kaushaliya Devi, age about 50 years, wife of Late Gandauri Mahto 5. Dahan Mahto, age about 75 years, son of Late Hari Mahto All are resident of village- Uperdadi, P.O.-Chepakala, P.S. Barkagaon, Dist. Hazaribag, Jharkhand. …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Santosh Kr. Soni, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. ------ 2/13.10.2025 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State. 2. The petitioners are apprehending their arrest for the alleged offences registered under Section 33 of Indian Forest Act, pending in the Court of learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with G(F) Case No.3299 of 2022. 3. Learned counsel appearing for the petitioners submits that the false allegations are made against the petitioners of encroaching the forest land. He also submits that on the said land, the house is already constructed since more than 50 years. He then submits that in the Register-II, the name of ancestors of the petitioner is recorded. He further submits that the petitioners have got no criminal antecedent as disclosed in para 11 of the petition. 4. Learned counsel for the State opposed the prayer and submits that 77 decimals of land have been encroached of the forest 2025:JHHC:31538 2 department. 5. In view of the above and considering that the allegations are made encroaching upon the forest land, it has been pointed out that the name of ancestors of the petitioner has been recorded in Register- II and the petitioners have got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners above named are directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of their surrender / arrest, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) each with two sureties of the like amount of each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with G(F) Case No.3299 of 2022, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 13.10.2025 R.Kumar