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2026 DAILYLAW 24306 (JHR)

PRAKASH KUMAR SINHA v. STATE OF JHARKHAND THROUGH THE ANTI CORRUPTION BUREAU

A.B.A./2730/2026 · 2026-08-27

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC: 26109 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2730 of 2026 1. Prakash Kumar Sinha aged about 44 years, Son of Yugal Kishore Prasad, Resident of Village-New Colony, Kumhartoli, P.O.-Hazaribag, P.S.- Sadar, Dist.- Hazaribag. 2. Saurabh Kumar @ Shaurav Kumar aged about 44 years, Son of Suresh Prasad Jaiswal, Resident of Village- Bada Bazar, Gowal Toli, College Road, P.O.- Hazaribag, P.S.- Sadar, Dist.- Hazaribag. … … Petitioners Versus The State of Jharkhand through Anti-Corruption Bureau … … Opp. Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. Shailendra Jit, Advocate For the Opp. Party-ACB : Mr. Sumeet Gadodia, Advocate Mr. Ritesh Kumar Gupta, Advocate --- 06/27th August 2026 1. Heard the learned counsel appearing on behalf of the parties. 2. This petition has been filed by the petitioners for grant of anticipatory bail in the event of their arrest or surrender in connection with Hazaribag ACB P.S. Case No. 11 of 2025 registered for offence under Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act and Section 120B r/w 420, 467, 468, 471 of IPC, pending in the court of learned ADJ- II-cum-Special Judge Vigilance (ACB), Hazaribag. 3. Learned counsel for the petitioners has referred to the order passed by this Court on 2nd July, 2026, particularly paragraphs 2 to 4 thereof, which are quoted as under: - “2. Learned counsel for the petitioners submits that there are two petitioners, who are the purchasers of the property through registered sale deed falling in Khata no. 95 plot no. 1060 and each of them had purchased 7.35 decimals of land in the same khata and plot. 3. The learned counsel has further referred to page no. 20, which is the report of the Circle Officer, Sadar, Hazaribag and has 2026:JHHC: 26109 2 submitted that as per the report itself, in plot no. 1060, 36.42 acre is jungle. The learned counsel has then referred to the list at page no. 43 containing various orders of mutation and he submits that with respect to plot no. 1060, there has been mutation to the extent of 69.95 acres. 4. The learned counsel by referring to these documents has submitted that apparently, the entire area of plot no. 1060 is not forest land and only 46.42 acres is forest land. He submits that the area purchased by the petitioners might be falling outside the forest area.” 4. Learned counsel for the petitioners submits that the petitioners are the purchasers of the property by virtue of registered sale deeds, which are placed on record. The property is falling in Khata no. 95 plot no. 1060 and each of the petitioners have purchased 7.35 decimals of land and the same has also been mutated in their favor. 5. In terms of order dated 2nd July 2026, the opposite party-ACB has filed counter-affidavit, but there is nothing to show that the property, which is involved in the present case, was falling under government land/forest land. The perusal of the registered sale deeds reveal that the predecessors-in-interest had themselves purchased the property by registered sale deed of the year 1919. The petitioners are the bonafide purchasers and they have been co-operating with the investigation pursuant to the orders passed by this Court. 6. Learned counsel for the opposite party-A.C.B. has opposed the prayer for anticipatory bail and referred to the 1st counter-affidavit, particularly paragraph 9, 11 and 13 thereof, which are quoted as under: - “9. That the Petitioners are FIR named accused persons. Further it is stated that Shashi Shekhar Prasad, Ramdhani Ram and Rejendra Prasad executed General Power of Attorney vide No. 493/2010 in favour of one Sunil Kumar Prasad in respect of land situated over Khata No. 95, Plot No. 1060 admeasuring an area of 152 decimals, which was in the nature of Gairmajarua Khas Kism Jungle land and further notified as Protected Forest Land and the same also find mentions in Restricted/Prohibited List. The said fact is recorded at Para 400 of CD No. 44. 2026:JHHC: 26109 3 11. That during course of investigation, it has been revealed that Ramdhani Ram through General Power of Attorney Holder, namely, Sunil Kumar Prasad have sold 7.35 decimals of land falling under Khata No.95, Plot No. 1060 to Prakash Kumar Sinha (Petitioner No.1 herein) through Sale Deed No. 4292/2011. Further, in the said Sale Deed it was also mentioned that the land in question is neither a Forest Land, land acquired by Government or Budan Land. However, vide letter of the Circle Officer, Sadar, Hazaribagh dated 18.06.2025 the said land has been shown as Gairmajarua Khas Kism Jungle land, which reveals that the sellers and purchaser have got the Sale deed executed by concealing facts. The said fact is recorded at Para 88 of CD No.9. 13. That during course of investigation, it has further been revealed that Shashi Shekhar Prasad through General Power of Attorney Holder, namely, Sunil Kumar Prasad have sold 7.35 decimals of land falling under Khata No.95, Plot No. 1060 to Saurabh Kumar (Petitioner No.2 herein) through Sale Deed No. 3172/2011. Further, in the said Sale Deed it was also mentioned that the land in question is neither a Forest Land, land acquired by Government or Budan Land. However, vide letter of the Circle Officer, Sadar, Hazaribagh dated 18.06.2025 the said land has been shown as Gairmajarua Khas Kism Jungle land, which reveals that the sellers and purchaser have got the Sale deed executed by concealing facts. The said fact is recorded at Para 89 of CD No.9.” 7. The learned counsel for the opposite party-A.C.B. has submitted that the entire transaction is a part of larger conspiracy where the government land has been transferred. 8. However, during the course of hearing and even through the counter-affidavit which has been filed, there is nothing on record to show as to how much is the total area of plot no. 1060 and as to whether the entire plot no. 1060 was government land. 9. In view of the aforesaid facts and circumstances this Court is of the considered view that the petitioners are entitled to the privilege of anticipatory bail. 2026:JHHC: 26109 4 10. Hence, in the event of their arrest by the police or surrender within 2 weeks, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge Vigilance (ACB), Hazaribag in connection with Hazaribag ACB P.S. Case No. 11 of 2025 subject to the following conditions: - (i) One of the bailors would be the present pairvikar of the petitioners. (ii) The other bailor should be their close relative. (iii) The petitioners will deposit a self-attested copy of their Aadhar Card along with their mobile number before the learned court which they will not change during the pendency of the case without prior permission of the court. (iv) The petitioners shall fully co-operate with the investigation. 11. The instant anticipatory bail application is allowed with the aforesaid conditions. 12. Let a copy of this order be communicated to the court concerned through ‘e-mail/FAX’. (Anubha Rawat Choudhary, J.) Dated: 27.08.2026 Uploaded On: 29.08.2026 Mukul/-