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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Shailesh Kumar – Appellant
Versus
State Of Jharkhand Through Anti-Corruption Bureau – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mrs. Anjana Prakash, learned senior counsel for the petitioner and Mr. Sumeet Gadodia, learned counsel for the A.C.B.
2. The petitioner has been made an accused in connection with Hazaribagh A.C.B. Sadar P.S. Case No. 11 of 2025 registered under sections 13(2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 and under sections 420, 467, 468, 471, 120B of the Indian Penal Code, pending in the Court of learned Additional District Judge-II-cum-Special Judge, Vigilance (ACB), Hazaribagh.
3. Mrs. Anjana Prakash, learned senior counsel for the petitioner submits that petitioner is presently posted as Deputy Director Panchayati Raj, Panchayati Raj Department and he was the Circle Officer at the relevant period of time and has acted strictly in terms of law as a public authority within the norms stipulated by the law and he has been falsely implicated in this case. She next draws the attention of the Court to the contents of F.I.R. and submits that allegations are made that the petitioner has recommended for cancellation of five jamabandi however he has not acted for cancellation of further illegal jamabandi recorded in the name of other
Government officials must act in accordance with legal mandates, and failure to do so, especially in corruption cases, justifies denial of bail and necessitates custodial interrogation.
The court emphasized that a Power of Attorney holder implicated in fraudulent land transfer with substantial evidence of collusion cannot be granted bail.
The court emphasized strict adherence to prohibitions against the unlawful transfer of property, basing its decision on the severity of allegations and the uncooperative behavior of the petitioner du....
Orders concerning land ownership must adhere to procedural integrity and jurisdictional authority, especially in cases involving alleged fraud and non-disclosure of material facts.
Anticipatory bail can be granted if the accused is a first offender and there is no prima facie evidence of wrongdoing, subject to stringent conditions to ensure compliance.
Long-standing Jamabandi cannot be annulled without proper jurisdiction; authorities cannot cancel orders made without lawful authority, as established in the Bihar Land Reforms Act, 1950.
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