Pokhraj Mahto Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Pokhraj Mahto Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released, on arrest or surrender before the court below within three weeks, on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Hazaribag in connection with G (F) Case No. 3021 of 2023, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest for the offences punishable under Sections 33/41/42 of the Indian Forest Act in connection with G (F) Case No. 3021 of 2023, should be granted anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

The petitioner, in the event of his arrest or surrender before the court below within three weeks, is to be released on anticipatory bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Hazaribag in connection with G (F) Case No. 3021 of 2023, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — The High Court of Jharkhand (Rajesh Shankar, J.) allowed the anticipatory bail application of the petitioner sought in respect of offences punishable under Sections 33/41/42 of the Indian Forest Act arising out of G (F) Case No. 3021 of 2023 (Hazaribag), in which about 80 cft. of illegal sand was allegedly recovered from the petitioner's tractor (Regn. No. JH-02BA-2837) inside a forest area; the petitioner contended he was falsely implicated, that the driver had control of the tractor at the time of the alleged occurrence, and that he had no criminal antecedent and would cooperate in the trial. Bail was ordered on furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, upon arrest or surrender within three weeks, to the satisfaction of the learned Judicial Magistrate-1st Class, Hazaribag, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 6590 of 2024

Pokhraj Mahto son of Late Jainath Mahto, resident of Ward No.02, Sandh, P.O. & P.S.- Barkagaon, District- Hazaribag

… … Petitioner

Versus

The State of Jharkhand …. … Opposite Party

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Awnish Shankar, Advocate For the State : Mrs. Shweta Singh, A.P.P.

Order No. 03 Dated: 18.11.2024

The petitioner apprehending his arrest for the offences punishable under Sections 33/41/42 of the Indian Forest Act, has prayed for grant of anticipatory bail.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the offence report. The petitioner is the owner of the tractor bearing registration no. JH-02BA-2837 from which there is alleged recovery of about 80 cft. of illegal sand inside the forest area. The petitioner has no idea as to how the said tractor was found loaded with illegal sand. In fact, the driver of the said tractor was in control of the same at the time of alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph-8 of the present anticipatory bail application. He, however, undertakes to cooperate in the trial. Hence, he may be given the privilege of anticipatory bail.

3. Learned A.P.P. opposes the petitioner’s prayer for anticipatory bail.

4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to

enlarge the petitioner on anticipatory bail.

5. Accordingly, the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Hazaribag in connection with G (F) Case No. 3021 of 2023, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

Ritesh/

(Rajesh Shankar, J.)

A.B.A. No. 6590 of 2024

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