Manish Jain Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Manish Jain Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned court below within four weeks from receipt of copy of the order; on surrender or arrest, release on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Hazaribagh, in connection with Complaint Case No.2142 of 2019, subject to conditions that one bailer be a close relative of the petitioner and the other a resident of the State of Jharkhand having sufficient landed property in his name or in the name of his ancestors in which he has share, with an affidavit indicating his share filed before the Trial Court.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest for offences under Sections 30, 33, 41 and 42 of the Forest Act, 1927, in view of the BPLE appellate order setting aside the finding that his factory stands on forest land.

Court's answer

Since the BPLE appeal has been allowed in favour of the petitioner (the Deputy Commissioner having set aside the order holding the factory land to be forest land), and this fact has not been denied by the State, the Court considered this a fit case for grant of anticipatory bail.

Ratio / Principle

The Anticipatory Bail Application is allowed: the petitioner is directed to surrender before the learned court below within four weeks, and on surrender or arrest is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the stated conditions regarding the sureties.

Detailed headnote1 paragraphs

Anticipatory bail granted (Ananda Sen, J., 17.06.2025) — application under Sections 482 and 484, Bhartiya Nagrik Surksha Sanhita, 2023 by Manish Jain apprehending arrest for offences under Sections 30, 33, 41 and 42, Forest Act, 1927 (Complaint Case No.2142 of 2019, Judicial Magistrate 1st Class, Hazaribagh) — prosecution case founded on order dated 23.05.2019 in G(F) No.22 of 2019 holding the petitioner's factory land to be forest land — said order set aside in BPLE appeal before the Deputy Commissioner (Appellate Authority), a fact not denied by the State — Court held that the BPLE appeal having been allowed in favour of the petitioner, this was a fit case for anticipatory bail — petitioner directed to surrender within four weeks; release on bail bonds of Rs.10,000/- with two sureties of like amount each, one bailer to be a close relative and the other a Jharkhand resident with sufficient landed property, supported by affidavit as to share.

2025:JHHC:15824

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3292 of 2025

Manish Jain, S/o Madan Lal Jain, R/o Kai Bari Road, P.O. Hazaribagh, P.S. Sadar Hazaribagh, District Hazaribagh .... Petitioner(s).

Versus The State of Jharkhand … Opp. Party(s).

…… CORAM : SRI ANANDA SEN, J.

For the Petitioner(s) : Mr. Rohitashya Roy, Advocate For the State : Mr. Prabir Kumar Chatterjee, Spl. P.P.

Heard, learned counsel for the petitioner and learned counsel for

03/ 17.06.2025:

the State.

This anticipatory ba il application under Sections 482 and 484 of the Bhartiya Nagrik Surksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 30, 33, 41 and 42 of the Forest Act, 1927.

It is the case of the prosecution that in the BPLE proceeding it was held that the land on which the factory of the petitioner has been established, is forest land.

Learned counsel for the petitioner submits that he has got no concern in the present establishment and the basis of lodging the F.I.R. has now become nonest as in the BPLE Appeal, the Deputy Commissioner has set aside the order of the BPLE Court.

After hearing the parties, I find that on basis of an order passed in G(F) No.22 of 2019 it was held that the factory in question was on the forest land. The order dated 23.05.2019 was challenged in BPLE No.07 of 2019 before the Deputy Commissioner being the Appellate Authority. Vide order dated 16.11.2002, the said order passed in G.(F) No.22 of 2019, corresponding to BPLE No.09 of 2019 has been set aside.

The aforesaid fact has not been denied by the State.

Considering the fact that BPLE appeal has been allowed in favour of the petitioner, I feel that this is a fit case for grant of anticipatory bail of the

petitioner.

Accordingly, this Anticipatory Bail Application stands allowed . The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of her surrender or arrest, she shall be released 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 Judicial Magistrate 1^st Class, Hazaribagh, in connection with Complaint Case No.2142 of 2019, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property.

Petitioner should appear before the Court concerned and file necessary bonds.

R.S./