Jharkhand High Court
Haradhan Mahato vs The State Of Jharkhand .......... Opp. ... on 25 November, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7112 of 2024
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Haradhan Mahato, S/o Lal Mohar Mahato, Village Kalyanpur,
P.S. Barwadda, District Dhanbad.
.......... Petitioner.
-Versus-
The State of Jharkhand .......... Opp. Party.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Mahesh Tewari, Advocate
For the State : Mr. Someshwar Roy, APP
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Order No.04 Date: 25.11.2024
1. The petitioner is apprehending his arrest in a case registered
under Sections 341, 323, 324, 325, 307, 379, 506 & 34 of the
Indian Penal Code.
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. The petitioner and the informant have
common ancestor and there is a dispute between them with
respect to the land, appertaining to Mouja no.84, Khata no.145,
measuring an area of 4.12 acres. It is further submitted that Title
Appeal No.20 of 2002 was decreed in favour of the petitioner and
others vide judgment and decree dated 30th June, 2014 and 11th
July, 2014, respectively, passed by the District Judge-III,
Dhanbad. Aggrieved with the said judgment and decree, the
informant's side preferred Second Appeal No.192 of 2014 before
this Court in which there is no interim order. Accordingly, the
petitioner and others were constructing a boundary wall over the
said land, which was illegally objected by the informant's brother,
due to which alleged occurrence took place. Even if the content of
the written report is taken to be true, the petitioner had no
intention to kill the informant's brother- Khoso Mahto, as he had
not given repeated blow on his head. Co-accused, namely, Chandi
Charan Mahto @ Chandi Charra Mahto, Narayan Mahto, Mohanand
Mahto @ Mahanand Kumar Sao and Anuradha @ Annu Rag Kumar
have already been granted anticipatory bail by this Court vide
order dated 5th August, 2024 passed in A.B.A. No.4859 of 2024.
Hence, the petitioner may also be given the privilege of
anticipatory bail.
3. Learned A.P.P. while opposing the petitioner's prayer for
anticipatory bail submits that there is direct allegation against the
petitioner that he assaulted the informant's brother- Khoso Mahto
on his head by means of Tangi due to which he sustained grievous
injury. Hence, the petitioner may not be given the privilege of
anticipatory bail.
4. Having heard learned counsel for the parties and considering the
nature of allegation made against the petitioner in the first
information report, this Court is not inclined to enlarge the
petitioner, above named, on anticipatory bail in connection with
Barwadda P.S. Case no.81 of 2024.
5. Accordingly, the present anticipatory bail application is dismissed.
(Rajesh Shankar, J.)
Sanjay/
