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2026 DAILYLAW 27443 (JHR)

JOHAN KACHHAP v. THE STATE OF JHARKHAND

A.B.A./5407/2026 · 2026-09-28

Anil Kumar Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:JHHC:29138] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5407 of 2026 ------ 1. Johan Kachhap, aged about 68 years, son of Late Markus Kachhap 2. Jay Masih Kachhap, aged about 56 years, son of Late Markus Kachhap 3. Voas @ Voas Kachhap, aged about 51 years, son of Late Markus Kachhap 4. Telesphar Ekka, aged about 31 years, son of Paulus Ekka 5. Patras Ekka, aged about 42 years, son of Paulus Ekka All are R/o- Village + P.O. – Sithiyo, P.S.- Dhurwa, District- Ranchi, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Md. Razaullah Ansari, Advocate Mr. Qumar Ansari, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl.P.P. For the Informant : Mrs. Vani Kumari, Advocate Ms. Jagriti, Advocate ------ Order No.03 Dated-28-09-2026 Heard the parties. Apprehending their arrest in connection with Dhurwa P.S. Case No.165 of 2025 instituted under Section 316(2), 318(4), 338, 336(3), 352, 340(2), 351(2), 61 of the B.N.S, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in criminal conspiracy with the co-accused persons, have committed the offence of cheating, criminal breach of trust, forgery by using false document as genuine, criminal intimidation and intentional insult with intent to provoke breach of peace and they have obtained permission from the competent authority under Section 46 of the Chotanagpur Tenancy Act to sell a land, the ownership of which is claimed by the informant; to a third party. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-14 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. Drawing attention of this Court to the judgment passed by the Civil Judge, Senior Division-VIII, Ranchi dated 22.02.2014 in Title Suit No.300 of 2009, learned counsel for the petitioners submits that the said suit filed by the father of the informant and another in respect of the land, which is the subject matter of this case, against the petitioners, has been dismissed and Title Appeal No.19 of 2014 filed by the father of the informant against the said judgment and decree passed in Title Suit No.300 of 2009 has also been dismissed by the Judicial Commissioner, Ranchi vide judgment dated 29.06.2018. It is further submitted that the dispute between the parties is at best a civil dispute and a cloak of criminal case has been given to a purely civil dispute. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case. It is further submitted that since the petitioner is a third party to the transaction between the petitioners and the purchase of the land, the informant has no locus standi to lodge this First Information Report. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State and the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within two weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi in connection with Dhurwa P.S. Case No.165 of 2025 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or the victims or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Dated-28.09.2026-Animesh/