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2025 DAILYLAW 20168 (JHR)

HASHIN MANZER ALIAS GULFAN v. THE STATE OF JHARKHAND

A.B.A./3834/2025 · 2025-07-23

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20146 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3834 of 2025 ------ Hashin Manzer @ Gulfan, son of Zubair Alam, resident of vill Murhu, PO and PS Murhu, District Khunti … … Petitioner(s) Versus The State of Jharkhand. … … Opposite Party(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. A. K. Chaturvedy, Advocate. For the State : Mr. Sunil Kr. Dubey, A.P.P. ----- 03/ 23.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 308(3), 111, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)a, 25(6), 26 and 35 of Arms Act, 2023 and section 17 of Criminal Law Amendment Act. 3. Learned counsel for the petitioner submits that only allegation against this petitioner is that the vehicle of the petitioner was being used in the incident in which some pamphlets of banned organization was recovered. So far as arms and ammunition are concerned that were found from one Vishwanath Jaiswal who was found in the car. He submits that as per the disclosure statement, the petitioner has fled away from the place of occurrence. The aforesaid statement is false as the petitioner was not even present there rather his vehicle met with an accident for which this false case has been filed. 4. Learned APP opposes the prayer for grant of anticipatory bail to this petitioner and submits that the petitioner is the member of extremist organization and his vehicle was being used in the occurrence and from the vehicle some pamphlets of banned organization was recovered and from possession of one Vishwanath Jaiswal country-made pistol was recovered. 2025:JHHC:20146 2 5. On query, learned APP clearly submits that the petitioner has no criminal antecedents. 6. Considering the fact that from the vehicle of the petitioner only pamphlets were recovered and fire arm was recovered from the possession of one co-accused who is passenger of the vehicle and the petitioner has no criminal antecedents, this Court finds it a fit case for grant of anticipatory bail to the petitioner as this is not a case of custodial interrogation, with a direction to the petitioner to appear before the Investigating Officer once in every 15 days till completion of investigation. 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 learned Sub Divisional Judicial Magistrate, Khunti, in connection with Karra P.S. Case No.09 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/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 Trial Court indicating his/her share in the property. (ANANDA SEN, J.) Tanuj/Cp-3