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2025 DAILYLAW 11334 (JHR)

MASUK MIYAN v. THE STATE OF JHARKHAND

B.A./3154/2025 · 2025-04-22

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:11928 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3154 of 2025 ------ Masuk Miyan, aged about 56 years, son of Late Kaila Miyan, Resident of Village-Konhara Khurd, P.O.-Konhara Khurd, P.S.- Barkatha, Dist.-Hazaribagh (Jharkhand). .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mrs. Anuradha Sahay, Addl.P.P ------ Order No.02 Dated- 22-04-2025 Heard the parties. The petitioner has been made accused in connection with Barkatha P.S. Case No.210 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 352, 103, 61(2) of the B.N.S, 2023. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused person and being member of an unlawful assembly; in prosecution of the common object of the assembly inter alia murdered Yasin Ansari and attempted to murder the other family members of Yasin Ansari. It is submitted that the allegation against the petitioner is false. It is next submitted that the cause of death is that it was found that there was blockage of mid 1/3rd Lt and descending artery may cause coronary heart blockage. It is next submitted that undisputedly there was a land dispute between the parties, hence, the petitioner has falsely been implicated in this case. It is next submitted that there is no direct or specific allegation against the petitioner of causing death of the deceased and the allegations are general and omnibus in nature. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-15 of this bail application. It is also submitted that the co-accused with similar allegations, has already been released on bail by a co-ordinate Bench of this Court vide order dated 09.04.2025 passed in B.A. No.2856 of 2025. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case and will not annoy or disturb the witnesses of the case during the trial of the case. It is lastly submitted that the petitioner has been in custody since 28.11.2024 as is evident from para-01 of the instant bail application and charge sheet has been submitted. Hence it is submitted that the petitioner be released on bail. Learned Addl.P.P. opposes the prayer for bail. Considering the facts of this case, the above-named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Hazaribagh in connection with Barkatha P.S. Case No.210 of 2024 with the condition that he will co- operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number and will not annoy or disturb the witnesses of the case during the trial of the case. (Anil Kumar Choudhary, J.) Abhiraj/