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2025 DAILYLAW 17210 (JHR)

SOHAIB ALI KHAN v. THE STATE OF JHARKHAND

A.B.A./4015/2024 · 2025-04-22

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:11978 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4015 of 2024 1. Sohaib Ali Khan @ Md. Soheb Ali Khan, S/o late Yakub Ali Khan 2. Jinat Parveen @ Zeenat Parween, D/o late Yakub Ali Khan Both R/o Pachgarhi Bazar, Masjid Patti, PO: Katrasgarh, PS: Katras Bazar, District Dhanbad. ….. Petitioner(s). Versus 1. The State of Jharkhand 2. Arman Alam @ Md. Arman Alam, S/o Md. Sahabuddin, R/o Pachgarhi Bazar, Masjid Patti, PO: Katrasgarh, PS: Katras Bazar, District Dhanbad. ….. Opposite Parties CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. M.K. Laik, Sr.Advocate For the State : Mr. Shashi Kumar Verma, APP For the OP No.2 : Mr. Rajnandan Chatterjee, Advocate ----- 08/22.04.2025: Heard the learned counsel for the parties. 2. This is an application filed by the petitioners praying for grant of anticipatory bail in terms of sections 438 and 440 of the Code of Criminal Procedure, 1973, as the petitioners have been allegedly implicated in a criminal case registered for the offences punishable under sections 406 and 420 of the Indian Penal Code, in connection with C.P. Case No. 7948 of 2023, pending in the court of learned Sub-Divisional Judicial Magistrate, Dhanbad. 3. Heard the learned counsel for the petitioners, learned counsel for the OP No.2 and the learned counsel for the State. 4. The learned APP as well as the learned counsel appearing for the OP No.2 have opposed the prayer for anticipatory bail of the petitioners. 5. The allegation against the petitioners is that they have made a forged power of attorney in the name of OP No.2 and received Rs. 15,00,000/- in cash against the said power of attorney. It appears that the case is civil in nature. 6. Since it is arises out of a complaint case, there is no question of custodial interrogation. The only fact which the Court has to assure is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. 7. The impugned order does not suggest any of the aforesaid situations. Thus, I am inclined to release these petitioners on anticipatory bail. 8. Accordingly, the petitioners, above-named, are directed to 2025:JHHC:11978 surrender before the court below within four weeks from today and in the event of their surrender/arrest, the learned court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dhanbad in connection with in connection with C.P. Case No. 7948 of 2023, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/ her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his /her share in the property. . (ANANDA SEN, J. ) KNR/