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2025 DAILYLAW 20394 (JHR)

SHAHE ALAM ALIAS RAJA KABADI v. THE STATE OF JHARKHAND

A.B.A./3949/2025 · 2025-07-30

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:20978 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3949 of 2025 ------ Shahe Alam @ Raja Kabadi, aged about 30 years, son of Shemsher Alam, Resident of Kuru Bazar Tand, P.O. & P.S.- Kuru, District- Lohardaga. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Agnivesh, Advocate For the State : Mr. Gautam Rakesh, PP ----- 03/ 30.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 317(5), 303(2), 317(2) and 3(5) of B.N.S., 2023. 3. There is allegation that electric wire was being stolen when three miscreants were apprehended. They confessed that after stealing the same they are going to sell the same to this petitioner who is a scrap dealer. 4. Learned counsel for the petitioner submits that only on the basis of confessional statement, this petitioner has been made an accused. He submits that in an earlier case lodged against this petitioner, he was acquitted. 5. The learned APP opposes and submits that some materials were recovered from the shop of this petitioner, which is suspected to be stolen. 6. Considering the nature of allegation against this petitioner as the same is based on the confessional statement and it is the miscreant who has stated that they are going sell their stolen materials to this petitioner, I am inclined to allow this application, as this is not a case of custodial interrogation. 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 2025:JHHC:20978 2 receipt of copy of this order and on the event of his surrender or arrest, they 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 Judicial Magistrate, Ranchi in connection with Itki P.S. Case No.40/2025, subject to the condition that one of the bailers should be a close relative of the petitioners and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. The petitioner should cooperate with the investigation and appear before the concerned Court once in every fifteen days, till submission of the final report. (ANANDA SEN, J.) Sandeep. Cp-3