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  1. Home/
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  3. High Court Of Jharkhand/
  4. 2024/
  5. October

Baijnath Prasad Mehta Alias Baijnath Mahto Alias Bajo Mahto vs. the State of Jharkhand

Decided on 29 October 2024• Citation: A.B.A./6510/2024• High Court of Jharkhand
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                       IN THE HIGH COURT  OF JHARKHAND  AT RANCHI                   
                                A.B.A. No.6510 of 2024                              
                                         -----                                      
                        1. Baijnath Prasad Mehta @ Baijnath Mahto @ Bajo Mahto      
                        2. Khirodhar Prasad Mahto @ Khirodhar Prasad Mehta          
                        3. Nageshwar Mehta                                          
                          All S/o Lakho Mahto, R/o village-Suji Jihu, P.O.-Jihu, P.S.-
                          Padma, District-Hazaribag.                                
                                                     .......... Petitioners.        
                                       -Versus-                                     
                        The State of Jharkhand       .......... Opp. Party.         
                                         -----                                      
                        CORAM  : HON’BLE MR. JUSTICE RAJESH SHANKAR                 
                                         -----                                      
                        For the Petitioners : Mr. Atma Ram Chaudhary, Advocate      
                        For the State  : Mr. Pankaj Kumar, P.P.                     
                                         -----                                      
                        Order No.02                  Date: 29.10.2024               
                    1. The petitioners are apprehending their arrest in connection  
                       with G(F) Case No.1899 of 2021 registered under Sections     
                       33(i)(a)(C) of the Indian Forest Act, 1927 and Sections      
                       27/29 of Wild Life (Protection) Act, 1972.                   
                    2. Learned counsel for the petitioners submits that the         
                       petitioners have been falsely implicated in the present      
                       case and have not committed any offence as alleged in the    
                       offence report. As per the allegation, the petitioners had   
                       developed a field after ploughing the forest land within     
                       Lotwa Protected Forest area. In fact, the petitioners were   
                       not at all involved in the said offence. They have been      
                       implicated in this case merely on hearsay statements of      
                       certain villagers. The petitioners have no criminal          
                       antecedent as has been stated in paragraph no.10 of the      
                       present anticipatory bail application. They, however,        
                       undertake to co-operate in the trial. Hence, they may be     
                       given the privilege of anticipatory bail.                    

                    3. Learned                        prayer for grant of           
                              P.P. opposes the petitioners’                         
                       anticipatory bail.                                           
                    4. Having heard learned counsel for the parties and             
                       considering the materials available on record, I am inclined 
                       to enlarge the petitioners on anticipatory bail. Accordingly,
                       the petitioners, above named, in the event of their arrest   
                       or surrender before the court below within three weeks       
                       from today, shall be released on bail on furnishing bail     
                       bond of Rs.20,000/- (Rupees Twenty Thousand) each with       
                       two sureties of the like amount each to the satisfaction of  
                                                 st                                 
                       learned Judicial Magistrate 1 Class, Hazaribag in            
                       connection with G(F) Case No.1899 of 2021 subject to the     
                       conditions as laid down under Section 482(2) of the          
                       Bharatiya Nagarik Suraksha Sanhita, 2023.                    
                                                (Rajesh Shankar, J.)                
              Vikas/                                                                
                                         -2-                                        
                                                        A.B.A. No.6510 of 2024