IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Binod Chandra Jha – Appellant
Versus
State of Jharkhand, through Anti Corruption Bureau – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Ajit Kumar, the learned senior counsel appearing for the petitioner and the learned counsel appearing on behalf of the respondent State (ACB).
2. This application has been filed for grant of regular bail to the petitioner in connection with A.C.B. P.S. Case No.09 of 2025, registered for the offence under sections 409, 467, 469, 471, 420, 120B of Indian Penal Code and section 13(2) read with section 13(1)(c) and (d) of Prevention of Corruption Act, 1988, pending in court of learned Special Judge (A.C.B.), Hazaribagh.
3. Mr. Ajit Kumar, the learned senior counsel appearing for the petitioner submits that in the F.I.R., the allegation is made of transferring of Khas Mahal land in favour of 23 persons and the allegation against the petitioner is that the petitioner was posted as Khas Mahal Padadhikari, Hazaribagh, and he has initiated the file for transfer of Khas Mahal land in favour of 23 persons. He next submits that the petitioner was posted at Hazaribagh as Khas Mahal Padadhikari with effect from 17.01.2009 and remained in charge up to 31.01.2010. He next submits that the petitioner on 01.02.2010 (afternoon), assumed the charge of Deputy D
The court granted bail considering the petitioner's age, health conditions, cooperative stance during the investigation, and insufficient grounds for continued detention despite allegations of corrup....
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....
The court emphasized that a Power of Attorney holder implicated in fraudulent land transfer with substantial evidence of collusion cannot be granted bail.
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.
Transfer of criminal cases requires substantiation of threats; mere inconvenience or health claims are insufficient for relocation.
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