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2025 DAILYLAW 7274 (JHR)

MANOHAR YADAV v. THE STATE OF JHARKHAND THROUGH ANTI CORRUPTION BUREAU

A.B.A./1933/2025 · 2025-04-07

Rongon Mukhopadhyay

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Judgment text

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2025:JHHC:10592 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1933 of 2025 1. Manohar Yadav 2. Kalender Yadav … … Petitioners Versus The State of Jharkhand through Anti Corruption Bureau … … Opposite Party ------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY ------- For the Petitioners : Mr. Krishna Shankar, Adv. For the State : Mrs. Nehala Sharmin, Spl.P.P ------- 02/07.04.2025 Heard Mr. Krishna Shankar, learned counsel for the petitioners and Mrs. Nehala Sharmin, learned Spl.P.P. The petitioners apprehend their arrest in connection with Vigilance Case No. 43 of 2010. It has been alleged that Sudhir Kumar Sinha and Subal Kishore Thakur, the Amin Inspector and Draftsman respectively along with others had misused their position and had changed the nature of 298.50 Acres of forest land falling under Hazaribag Western Forest Division and had sold it to the land mafias and encroachers. It has been submitted by Mr. Krishna Shankar, learned counsel for the petitioners that so far as the petitioners are concerned, they are the legal owner of 7.70 Acres of land out of the area which has been alleged in the First Information Report and in fact the said land was restored by the Forest Settlement Officer in terms of an order passed in Case No.271/1961-62 in favour of the ancestors of the petitioners. Mr. Shankar has also brought to the notice of this Court the receipt showing that revenue is being regularly deposited before the concerned Department. Learned counsel adds that the charge sheet has been submitted on completion of investigation. Mrs. Nehala Sharmin, learned Spl.P.P has opposed the prayer for anticipatory bail of the petitioners and has submitted that the petitioners were in active connivance with the officials of the Revenue Department in changing the character of the land and selling it to the land mafias. Regard being had to the fact that the charge sheet has been submitted apart from the fact that a plausible explanation has been submitted by the petitioners with respect to the ownership of a particular piece of land which according to the prosecution falls within 298.50 acres of forest land, I am inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, they are directed to surrender before the learned court below within a period of four weeks and on their surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Hazaribag in connection with Vigilance Case No. 43 of 2010, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. This application stands allowed. (Rongon Mukhopadhyay, J.) Shamim/- -2-