SUJEET KUMAR ORAON @ SUJIT KUMAR ORAON v. THE STATE OF JHARKHAND
A.B.A./3668/2026 · 2026-07-07
Sanjay Kumar Dwivedi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19294 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19294 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[ 2026:JHHC:19947] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3668 of 2026
1. Sujeet Kumar Oraon @ Sujit Kumar Oraon, aged about 32 years, S/o Shri Ram Kmar Oraon
2. Chanchal Kumar Oraon, aged about 25 years, S/o Shri Vijay Kumar Oraon
Both are residents of Village - Haratu, P.O. – Mundu, P.S. - Chhipadohar, District - Latehar.
..... … Petitioners
Versus The State of Jharkhand
..... … Opposite Party
--------
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioners : Mr. A.K. Sahani, Advocate.
For the State
: Mr. B. Shastri, A.P.P. ------ 03/ 07.07.2026 Heard learned counsel for the petitioners and learned A.P.P for the State.
2.
The petitioners are apprehending their arrest in connection with Netarhat P.S. Case No. 08 of 2026, registered for the offence under Sections 223 and 132 of Bharatiya Nyaya Sanhita, 2023, Section 46 of the CNT Act, Section 3A of Wildlife Protection Act and Section 33 of the Indian Forest Act, pending in the court of learned Judicial Magistrate, 1st Class, Latehar.
3.
Learned counsel appearing for the petitioners submits one person has given the lease of the land in question to the petitioners for construction of the resort in Netarhat and to buttress his argument, he refers to the agreement, which is the part of the FIR itself, however, the case has been registered under Section 46 of the CNT Act and Section33 of the Indian Forest Act. He further submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-18 of the petition. On these grounds, he submits that anticipatory bail may kindly be provided to the petitioners.
[ 2026:JHHC:19947] -2-
4.
Learned A.P.P. appearing for the State has opposed the prayer and submits that there is no provision of utilizing the tribal land by the person, who is not residing in the said locality. On this ground, he submits that anticipatory bail may kindly be rejected.
5.
It transpires that the petitioners are the tribals and the agreement, which is the part of the FIR, prima facie suggests that the said land was provided to the petitioners for constructing the resort and further Section 46 of the CNT Act is not the penal provision and furthermore the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-18 of the petition.
6.
In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, above named.
7.
Accordingly, the petitioners, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds 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, Latehar, in connection with Netarhat P.S. Case No. 08 of 2026, subject to conditions as laid down under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated:-07.07.2026 Amitesh/-