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2025 DAILYLAW 16430 (JHR)

NAWAB KHAN ALIAS MD MIRAZ KHAN v. THE STATE OF JHARKHAND

A.B.A./3487/2025 · 2025-07-02

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:17546 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3487 of 2025 Nawab Khan @ Md. Miraz Khan, S/o Imtiyaz Khan @ Md. Imtiyaz Khan, R/o Village Jainagar, Ward No.6, Panchayat Jainagar East, P.O.- Jainagar, P.S- Jainagar, Dist Koderma .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sanjeev Kumar, Advocate For the State : Mr. Sudhir Kumar Mahto, AddI. P.P. …...... 03/ 02.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail 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 126(2), 115(2), 303(2), 351(2) and 352 of BNS. 3. There is an allegation against the petitioner that he has assaulted on the back of the informant by stick due to which he fell down, when the accused has taken money from his pocket. 4. Learned counsel for the petitioner submits that there is an inordinate delay in lodging the F.I.R. as the incident had taken place on 10.03.2025 and the F.I.R. was lodged on 22.03.2025. The delay is unexplained. He further submits that petitioner is not in a proper state of mind as he was undergoing psychiatric treatment, for which he is being treated in Ranchi. 5. The learned APP opposes the prayer for anticipatory bail. 6. Considering the submission of the parties and also in view of Annexure-2 series, which is medical prescription showing the petitioner undergoing treatment for mental ailment, I feel that this is a fit case for grant of anticipatory bail of the petitioner. 7. 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 his surrender or arrest, he 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 S.D.J.M., Koderma, in connection with Jainagar P.S. Case No.64 of 2025, 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. 8. Petitioner should cooperate and join investigation and appear before the Investigating Officer once in 15 days. (ANANDA SEN, J.) R.S./