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2025 DAILYLAW 33799 (JHR)

BALESHWAR YADAV v. THE STATE OF JHARKHAND

A.B.A./5841/2025 · 2025-10-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:31100 ) -1- A.B.A. No. 5841 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5841 of 2025 1. Baleshwar Yadav, aged about 56 years, son of Tulsi Gope, resident of Uprilli Bodra, Alpito, P.O. & P.S. Bishunugarh, District- Hazaribagh 2. Ramesh Yadav, aged about 40 years, son of Tulsi Gope, resident of Uprilli Bodra, Alpito, P.O. & P.S. Bishunugarh, District- Hazaribagh 3. Jageshwar Yadav, aged about 34 years, son of Parmeshwar Yadav, resident of Heathli Bodra, Alpito, P.O. & P.S. Bisnugarh, District- Hazaribagh 4. Pawan Kumar Yadav, aged about 30 years, son of Shyamlal Yadav, resident of Alkopi, Alpito, P.O. & P.S. Bishnugarh, District- Hazaribagh 5. Sahdev Yadav, aged about 50 years, son of Shyamlal Yadav, resident of Alkopi, Alpito, P.O. & P.S. Bishnugarh, District- Hazaribagh, State- Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Pratik Sen, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P. (Through VC) Mr. Fahad Allam, A.P.P. ----- 03/08.10.2025 Heard learned counsel appearing for the petitioners and learned counsel for the State appearing through Video Conferencing. 2. The petitioners are apprehending their arrest in connection with Bishnugarh P.S. Case No.112 of 2025, registered for the offence under Sections 467, 468, 471, 406, 409, 419, 420, 427 and 120B of the Indian Penal Code, pending in the Court of the learned Judicial Magistrate, 1st Class, Hazaribag. 3. Learned counsel appearing for the petitioners submits that the petitioners are happened to be labourers and they have been provided job card by the Gram Panchayat in light of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. He further submits that the money has been transferred in the account of the petitioners on the basis of job card by the block officers using the official I.D. of the block beneficiary. He then submits that the petitioners have been made scapegoat. He next submits that in light of Rule 6 of Schedule II of the MNREGA Act, 2005 every adult member of a registered household whose name appears in the job card are entitled to apply for unskilled manual work under the Scheme. On these grounds, he submits that this anticipatory bail application may kindly be allowed. ( 2025:JHHC:31100 ) -2- A.B.A. No. 5841 of 2025 4. Learned counsel for the State appearing through Video Conferencing opposed the prayer and submits that the allegations are there of creating false job card by the petitioners. 5. Considering that the petitioners are labourers and money has been transferred in the account of the petitioners on the basis of job card by the block officers using the official I.D. of the block beneficiary and the job card has been issued by the Gram Panchayat and further considering that every adult member of a registered household whose name appears in the job card are entitled to apply for unskilled manual work under the Scheme in light of Rule 6 of Schedule II of the said Act and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, 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 Judicial Magistrate, 1st Class, Hazaribag in connection with Bishnugarh P.S. Case No.112 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 8th October, 2025 Ajay/