Extracted from the PDF above. The PDF is authoritative.
[ 2026:JHHC:9101] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6111 of 2025
1. Sumita Devi, aged about 45 years, wife of Dhaneshwar Yadav.
2. Dhaneshwar Yadav, aged about 49 years, son of Tulsi Gope.
Both are residents of Village-Upraili, Bodra, Choutha, P.O. Bishnugarh, P.S. Bishnugarh, Disrict- Hazaribagh, State Jharkhand.
..... … Petitioners
Versus The State of Jharkhand.
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioners : Mr. Pratik Sen, Advocate. For the State
: Mrs. Priya Shrestha, Spl.P.P. ------
05/ 30.03.2026 Heard learned counsel for the petitioners and learned Spl.P.P for the State.
2.
The petitioners are apprehending their arrest in connection with Bishnugarh P.S. Case No. 112 of 2025, registered for the offence under Sections 467, 468, 471, 406, 409, 419, 420, 427 and 120-B of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Hazaribag.
3.
Learned counsel appearing for the petitioners submits that the petitioner No. 1 is the Mukhiya of a gram panchayat Alpito and the petitioner No. 2 is the husband of petitioner No. 1. He next submits that even the single pie has not been misappropriated by the petitioners and the money has been paid to the labourers by the block office. He further submits that in light of Rule-6 of Schedule-II of the MNREGA Act, 2005, every adult member of a registered household, whose name appears in the job card are entitled to apply for unskilled manual work under the scheme. He also submits that even the amount has been directed to be recovered from the petitioners, however, the said recovery order has been challenged before this court in W.P.(C) No. 3136 of 2025, whereby the
[ 2026:JHHC:9101] -2-
co-ordinate bench of this court has been pleased to quash the said recovery order by order dated 29.07.2025, which is contained in Annexure-14 of the petition. 4. Learned Spl.P.P. appearing for the State has opposed the prayer and submits that the allegations are there of misappropriating Rs. 27 lakhs and odd of the MNREGA Scheme. 5. Considering that the petitioner No. 1 is the Mukhiya of a gram panchayat Alpito and the petitioner No. 2 is the husband of petitioner No. 1 and further the amount has been directed to be recovered from the petitioners, however, the said recovery order has been challenged before this court in W.P.(C) No. 3136 of 2025, whereby the co-ordinate bench of this court has been pleased to quash the said recovery order by order dated 29.07.2025 and further five of the other co- accused persons have already been provided the privilege of anticipatory bail in A.B.A. No. 5841 of 2025 by this court and it has been pointed out that for the same occurrence, the petitioners have been made accused in other cases, I am inclined to grant anticipatory bail to the petitioners. 6. Accordingly, the petitioners, named above, are directed to surrender before the learned court within four weeks from today and in the event of their surrender / arrest, the petitioners, named above, 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, Hazaribag, in connection with Bishnugarh P.S. Case No. 112 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-30.03.2026 Amitesh/-