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2025 DAILYLAW 25019 (JHR)

MODASIAR ABU SAYED ALLIAS MDMODASSIR ABU SAYEED ALIAS PRINCE HUSSAIN v. STATE OF JHARKHAND

A.B.A./5461/2025 · 2025-09-17

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:28575 --1-- A.B.A. No. 5461 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5461 of 2025 ---- 1. Modasiar Abu Sayed @ Md. Modassir Abu Sayeed @ Prince Hussain, aged about 35 years, S/o Md. Mujaffar Hussain @ Mujaffar Abu Sayeed 2. Md. Faisal Abusayeed @ Faisal Hussain, aged about 33 years, S/o Md. Mujaffar Abu Sayeed Both are R/o Rukhsana Manzil Babban House near – Sherpur Biharsharif Nalanda, PO and PS – Sherpur, Biharsarif, District – Nalanda, State - Bihar .... Petitioners -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Ms. Saba Ali, Advocate For the State :- Mrs. Anuradha Sahay, Advocate ---- 04/17.09.2025 Heard learned counsel appearing for the petitioners as well as the learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Rajmahal P.S. Case No.198 of 2025, for the alleged offences registered under Sections 126(2), 115(2), 109(1), 351(2), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned S.D.J.M., Rajmahal. 3. Learned counsel appearing for the petitioners submits that there are case and counter case between the parties and the scuffle took place due to parking of the vehicle near the premises of the petitioners. She submits that the petitioners have got no criminal 2025:JHHC:28575 --2-- A.B.A. No. 5461 of 2025 antecedent as disclosed in paragraph No.18 of the petition. She further submits that in identical situation three co-accused persons have been granted anticipatory bail in ABA No.4800 of 2025. 4. Learned counsel appearing for the State opposes the prayer and submits that the injury has been received. 5. Considering that there are case and counter case between the parties and the scuffle took place due to parking of the vehicle near the premises of the petitioners and petitioners have got no criminal antecedent as disclosed in paragraph No.18 of the petition and in identical situation three co-accused persons have been granted anticipatory bail in ABA No.4800 of 2025, I am inclined to provide anticipatory bail to the petitioners. 6. Accordingly, the petitioners, above named, 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 S.D.J.M., Rajmahal in connection with Rajmahal P.S. Case No.198 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 17.09.2025 Sangam/