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2025 DAILYLAW 40506 (JHR)

DUKHAN MAHTO v. STATE OF JHARKHAND

A.B.A./7314/2025 · 2025-12-19

Sanjay Kumar Dwivedi

body2025

Judgment text

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( 2025:JHHC:38251 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 7314 of 2025 Dukhan Mahto, aged about 50 years, son of Chhota Panu Mahto, resident of village Pakrar, P.O. and P.S. Katkamdag, District-Hazaribagh ...... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Ms. Khushi Sinha, Advocate (through V.C.) For the State : Mr. Pankaj Kumar, Spl. P.P. 08/ 19.12.2025: Heard learned counsel for the petitioner through V.C and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with G(F) Case No. 399 of 2016, registered under section 33 of the Indian Forest Act, pending in the Court of learned Judicial Magistrate, Ist Class, Hazaribagh. 3. Learned counsel for the petitioner through Video Conferencing submits that false allegation is made against the petitioner of cultivation of paddy crops in the forest area. She next submits that petitioner has rayati land of Khata No. 185, Plot No. 1354 area 2.61 acres and several other plots measuring total area of 5 acres which has been settled in favour of the petitioner. She then submits that Hukumnama and rent receipt are there in favour of the petitioner contained in Annexure-2. She further submits that since last fifty years cultivation is being done by the petitioner in the said land. On these grounds, she submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits that allegations of cultivation in the forest land are there. 5. Annexure-2 is document which is Hukumnama and Rent Receipt. There is land dispute and it has been pointed out that since 50 years ( 2025:JHHC:38251 ) the cultivation is being done by the petitioner. 6. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named, petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Hazaribagh, in connection with G(F) Case No. 399 of 2016, subject to conditions as laid down under Section 482 (2) of B.N.S.S, 2023. Dt.19.12.2025 ( Sanjay Kumar Dwivedi, J.) satyarthi-