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2025 DAILYLAW 21579 (JHR)

SUBHAN SHEKH v. THE STATE OF JHARKHAND

A.B.A./5092/2025 · 2025-09-08

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:27074 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.5092 of 2025 1. Subhan Shekh, Aged about 48 years, Son of Jhatan Shekh, Resident of Lakhipur, Sajanpur, P.O.+P.S. -Narayanpur, Dist.- Sahebganj (Jharkhand). 2. Safikul Sk. @ Alam, Aged about 22 years, Son of Hannan Shekh, Resident of Madhay Narayanpur, Majhar Tola, P.O. + P.S. Narayanpur, District -Sahebganj (Jharkhand). …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Arvind Prajapati, Advocate For the State : Mr. Shailendra Kumar Sinha, A.P.P. For the Informant : Mr. Sunil Kumar Upadhyay, Advocate ------ 4/08.09.2025 Heard learned counsel appearing on behalf of Petitioners and learned APP appearing on behalf of the State as also learned counsel for the informant. 2. The petitioners are apprehending their arrest in connection with Rajmahal P.S. Case No.147 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 109(1), 103(1), 351(2), 352, 3(5) of BNS, 2023 of IPC, pending in the Court of learned Sub-Divisional Judicial Magistrate, Rajmahal. 3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case and the death of the deceased has occurred due to the blow made by Rekha Bibi, that has also come in the FIR. He further submits that the allegations against the petitioners are that they have heated the scuffle with the sister of the informant. He also submits that the co-accused have been granted anticipatory bail by this Court in A.B.A. No.4477 of 2025 and in A.B.A. No.4811 of 2025. 4. Learned counsel for the State and informant vehemently opposed the prayer and submits that the allegations are there against the 2025:JHHC:27074 2 petitioners of assault by Hasua. 5. It transpires that the allegations are there of blow against one Rekha Bibi, whose bail application has been rejected and she is also in custody. The allegation of assault is also against the petitioner No.2. 6. As such, the anticipatory bail application of petitioner No.2 is hereby rejected. 7. So far as petitioner No.1 is concerned, there are general and omnibus allegation against petitioner No.1 and in identical situation, other co-accused have been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner No.1. 8. Accordingly, the petitioner No.1 above named is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rajmahal, in connection with Rajmahal P.S. Case No.147 of 2025, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023. 9. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) R.Kumar