RAKESH PATHAK ALIAS RAKESH KUMAR PATHAK ALIAS BAMBAM PATHAK v. THE STATE OF JHARKHAND
A.B.A./2865/2026 · 2026-06-02
Rongon Mukhopadhyay
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15600 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15600 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:16015 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 2865 of 2026
--- Rakesh Pathak @ Rakesh Kumar Pathak @ Bambam Pathak
… … Petitioner(s)
Versus The State of Jharkhand
… … Opposite Party(s)
---
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
---
For the Petitioner(s)
: Mr. Lukesh Kumar, Advocate
For the Opposite Party(s) : A.P.P.
---
2/02.06.2026 Heard Mr. Lukesh Kumar, learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Saraidhela P.S. Case No. 232 of 2019.
It has been alleged that the informant had purchased a piece of land from the petitioner, as a total consideration amount of Rs. 26.50 lakh, out of which an amount of Rs. 5, 65,000/-was advanced by the informant to the petitioner. Subsequently, at the time of the construction of the boundary wall, villagers of the tribal community had intervened and had obstructed the construction and after making independent enquiries, the informant had come to learn that the land is ‘Gair Aabad’.
Submission has been advanced by the learned counsel for the petitioner that so far as the balance consideration amount is concerned, civil suit has already been preferred against the informant. Learned counsel further submits that the mutation was done with respect to the land in question and merely because some obstruction had been created by the Tribal Community and a First Informant Report has been instituted, the same would not dilute the civil nature of the case.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Regard being had to the facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.
Accordingly, the petitioner above named is directed to surrender in the court below within four weeks and pray for bail, and in that event, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
2026:JHHC:16015 Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Saraidhela P.S. Case No. 232 of 2019, subject to the conditions as laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita,
2023.
This application stands allowed.
(Rongon Mukhopadhyay, J)
02.06.2026. Nandini/Suman/-