Umesh Mahto Alias Umesh Prasad Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Umesh Mahto Alias Umesh Prasad Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: upon arrest or surrender within three weeks, release on a bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Hazaribagh in Complaint (Forest) Case No. 2957 of 2023, subject to Section 482(2) BNSS 2023 conditions.

Issue for consideration

Whether the petitioners, apprehending arrest for offences punishable under Sections 33/33(1)(C)/41/42/52 of the Indian Forest Act, should be granted anticipatory bail.

Court's answer

After hearing learned counsel for the parties and considering the materials available on record, the Court is inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within three weeks, the petitioners shall be released on bail on furnishing a bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate-1st Class, Hazaribagh in Complaint (Forest) Case No. 2957 of 2023, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail – Grant of. High Court of Jharkhand at Ranchi (Rajesh Shankar, J.), Order No. 02 dated 22.08.2024 in A.B.A. No. 5350 of 2024, granted anticipatory bail to Umesh Mahto @ Umesh Prasad, Pradeep Kumar and Puran Prasad, who apprehended arrest for offences punishable under Sections 33/33(1)(C)/41/42/52 of the Indian Forest Act. The case arose from a seizure on 15.09.2023 of motorcycles loaded with illegal coal by the Forester of Barbania notified forest, prosecuted as Complaint (Forest) Case No. 2957 of 2023 before the Judicial Magistrate-1st Class, Hazaribagh; the petitioners claimed false implication, mere suspicion, and no criminal antecedent, and sought parity with co-accused Raju Sao @ Raju Kumar Saw and Vikash Kumar who had been granted anticipatory bail in A.B.A. No. 3165 of 2024 (order dated 12.06.2024). On arrest or surrender within three weeks, each petitioner is to be released on a bail bond of Rs.20,000/- with two like sureties, subject to Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 5350 of 2024

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Umesh Mahto @ Umesh Prasad

Pradeep Kumar

Puran Prasad

… … Petitioners

Versus

The State of Jharkhand

Md. Nazir Hussain …. … Opposite Parties

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioners : Ms. Amrita Sinha, Advocate

Ms. Shweta Suman, Advocate For the State : Mr. P.D. Agrawal, Spl.P.P.

Order No. 02 Dated: 22.08.2024

The petitioners apprehending their arrest for the offences punishable under Sections 33/33(1)(C)/41/42/52 of the Indian Forest Act, have prayed for grant of anticipatory bail.

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 Forester of Barbania notified forest seized serval motorcycles on 15.09.2023 loaded with illegal coal. It is further submitted that the petitioners have been implicated in this case merely on suspicion. The petitioners have no criminal antecedent as has been stated in paragraph-15 of the present anticipatory bail application. Similarly situated co-accused persons namely Raju Sao @ Raju Kumar Saw and Vikash Kumar have already been granted anticipatory bail by a Bench of this Court vide order dated 12.06.2024 passed in A.B.A. No. 3165 of 2024. Hence, the petitioners may be given the privilege of anticipatory bail.

3. Learned A.P.P. opposes the petitioners’ prayer for

Ritesh/

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.

5. Accordingly, the petitioners above named, in the event of their arrest/surrender 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 learned Judicial Magistrate-1^st Class, Hazaribagh in connection with Complaint (Forest) Case No. 2957 of 2023, subject to the condition as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

(Rajesh Shankar, J.)

A.B.A. No. 5350 of 2024