Allowed

Dineshwar Yadav v. the State of Jharkhand

Jharkhand HC16 Oct 2024A.B.A./3185/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a forest case alleging they dug an illegal pond in reserve forest area; prosecution report filed and accused summoned under Section 33 of the Indian Forest Act. The court granted the privilege of anticipatory bail, directing surrender within four weeks and release on bail bonds.

What did the court decide?

Anticipatory bail granted: surrender within four weeks, release on bail bond of Rs. 10,000 with two sureties of like amount each to J.M. 1st Class, Hazaribag.

Dineshwar Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3185 of 2024

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Dineshar Yadav @ Dineshwar, aged about 34 years S/O Late Dhaneshar Yadav

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Ramesh Yadav, aged about 32 years S/O Late Lawki Yadav

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Sudhir Yadav, aged about 30 years S/O Jeetan Yadav Resident of Village Allonge, P.O. & P.S. Katkamsandi, District Hazaribag ..… Petitioners

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Versus

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The State of Jharkhand .....Opposite Party

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

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For the Petitioners : Mr. Shailesh Kr. Sinha, Advocate : Mrs. Shreya Sinha, Advocate ( through V.C.) For the State : Mrs. Lily Sahay, APP

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Learned counsel for the Petitioners has appeared through video conferencing and has submitted that the Audio and Video quality are good. Learned A.P.P. appearing for the State has no objection .

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05/ 16^th October, 2024

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I.A. No. 10402 of 2024

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Learned counsel for the petitioners pointed out that one interlocutory application being I.A. No. 10402 of 2024 has been filed praying to ignore the defect no. 09, (vii) i.e. para to statement w.r.t. to impugned order and defect no. 9(ix) i.e. some contents in left margin of the page no.21 appears missing though it is a certified copy.

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Considering the submission and nature of objection reported by the office, same is hereby ignored and I.A. No. 10402 of 2024, is hereby, allowed.

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A.B.A. No. 3185 of 2024

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Petitioners are apprehending their arrest in connection with G(F) Case No. 254 of 2018 for the offences registered under Sections 33 of the Indian Forest Act, pending in the court of learned J.M. 1^st Class, Hazaribag.

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Learned counsel for the petitioners joined through video conferencing and submitted that petitioners are innocent and have been falsely implicated in the present case. He pointed out that there is no material which could show that these petitioners were allegedly digging illegal pond in reserve forest area. Upon aforesaid premise prayer for anticipatory bail has been made.

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Learned APP appearing for the State has opposed the prayer of

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anticipatory bail.

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Heard learned counsel for the parties and perused the record.

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From perusal of the offence report, it transpires that information has been received by the concerned authority that these petitioners involved in allegedly digging illegal pond in the reserve forest area.

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It has been stated that prosecution report has already been filed and learned Court below summoned the accused under Section 33 of the Indian Forest Act.

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Considering the totality of facts and circumstances, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, petitioners, above named, are directed to surrender before the learned trial Court within four weeks from the date of receipt of a copy of this order and the learned trial Court on their surrender, shall release them on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of learned J.M. 1^st Class, Hazaribag, in connection with G(F) Case No. 254 of 2018.

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(Arun Kumar Rai, J.)

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Abhishek/

Dineshwar Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dineshwar Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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