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2025 DAILYLAW 24204 (JHR)

MD MAHFOOZ v. THE STATE OF JHARKHAND

A.B.A./5622/2025 · 2025-09-22

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:29185] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5622 of 2025 1. Md. Mahfooz, aged about 45 years, Son of Late Seraj Miyan 2. Md. Sohail @Md. Sohail Alam, aged about 24 years, Son of Mansur Miyan. 3. Md. Hasan @ Ehsan, aged about 28 Years, Son of Md. Fiyajul Ali 4. Md. Arshad @ Bada Babu, aged 26 Years, son of Md. Fiyajul, 5. Md. Irshad, aged about 22 Years, son of Arsad All residents of Seregarha, P.O. and P.S. Balumath, District-Latehar. ..... … Petitioners Versus The State of Jharkhand. ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Ms. Sonal Pandey, Advocate. For the State : Mr. P.D. Agarwal, A.P.P. ------ 05/ 22.09.2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Balumath P.S. Case No. 08 of 2024, registered for the offences under Sections 147, 148, 149, 341, 342, 323, 307, 186, 188, 332, 353 and 120B of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Latehar. 3. Learned counsel appearing for the petitioners submits that allegation against the petitioners are that petitioners were the members of an unlawful assembly, armed with deadly weapons assaulted Ranjit Yadav and when the police party tried to stop the assault, the petitioners started assaulting the police party and tried to snatch the [2025:JHHC:29185] -2- weapons of the police personnel and damaged the weapons. He further submits that allegation against the petitioners are false. He then submits that petitioners are having no criminal antecedent which is evident from para-14 of this application. He also submits that the petitioners undertake to co-operate with the investigation of the case. He further submits that in the similar circumstance, the other co- accused has already been provided the privilege of anticipatory bail in A.B.A. No. 1715 of 2025 by the co-ordinate bench. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that the allegation of assault is there. 5. Considering that the petitioners are having no criminal antecedent which is evident from para-14 of this application and further in the similar circumstance, the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 1715 of 2025 by the co-ordinate bench, I am inclined to provide the privilege of anticipatory bail to the petitioners. 6. Accordingly, the petitioners, named above, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Latehar, in connection with Balumath P.S. Case No. 08 of 2024, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated:-22.09.2025 Amitesh/-