Pramod Dangi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Pramod Dangi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted to all three petitioners, conditional on surrender before the court below within six weeks, production of a certificate from the complainant/Forest Range Officer that they have demolished the house constructed on the forest land, a bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chatra, co-operation with the trial, an undertaking not to enter any forest land during the pendency of the case, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Complaint Case No.888 of 2018 instituted under Section 33 of the Indian Forest Act and Section 2 of the Forest Conservation Act, should be granted the privileges of anticipatory bail.

Court's answer

The privileges of anticipatory bail are granted to the petitioners, who are directed to surrender before the court below within six weeks from the date of the order.

Ratio / Principle

On arrest or surrender the petitioners will be enlarged on bail upon producing a certificate from the complainant/Forest Range Officer that they have demolished the house constructed on the forest land, on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chatra, with the condition that they will co-operate with the trial and an undertaking that they will not enter into any forest land during the pendency of the case, together with the further conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

A.B.A. No.1466 of 2025 (High Court of Jharkhand at Ranchi; Anil Kumar Choudhary, J.; Order No.02 dated 05-03-2025): Anticipatory bail granted to three petitioners apprehending arrest in Complaint Case No.888 of 2018, instituted under Section 33 of the Indian Forest Act and Section 2 of the Forest Conservation Act, on the allegation that they encroached upon forest land and constructed houses thereon. Enlargement on bail is conditional upon: surrender before the court below within six weeks; production of a certificate from the complainant/Forest Range Officer certifying demolition of the constructions made over the forest land; a bail bond of Rs.25,000/- each with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Chatra; co-operation with the trial; an undertaking not to enter any forest land during the pendency of the case; and the further 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.1466 of 2025

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Pramod Dangi aged about 40 years son of Jadu Mahto @ Yado Koyari

Lalan Dangi @ Lalan Kumar Verma, son of late Kadav Dangi, aged about 29 years

Shyamlal Sao aged about 41 years Son of Raghu Sao All are residents of village Unta, P.O. Unta police Station-Sadar Dist.-Chatra

.... .... …. Petitioners Versus

The State of Jharkhand .... .... .... Opposite Party

-----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Sunil Kumar Dubey, Addl. P.P

Order No.02 Dated- 05-03-2025

Heard the parties.

Apprehending their arrest in connection with Complaint Case No.888 of 2018 instituted under Section 33 of Indian Forest Act and Section 2 of Forest Conservation Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners encroached upon the forest land and constructed house thereon. It is next submitted that petitioners will undertake that they will furnish a certificate from the complainant/Forest Range Officer, that they have demolished the construction made over the forest land and undertake that they will not enter into any forest land during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender

the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on producing a certificate from the complainant/Forest Range Officer that they have demolished the house constructed on the forest land and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Complaint Case No.888 of 2018 with the condition that they will co-operate with the trial of the case and an undertaking that they will not enter into any forest land during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Rohit/