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2025 DAILYLAW 26401 (JHR)

GOLAM SK v. THE STATE OF JHARKHAND

A.B.A./6600/2024 · 2025-06-13

Sri Ananda Sen

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Judgment text

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2025:JHHC:15418 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6600 of 2024 1. Golam Sk. S/o late Lohari Lauhari Sk. R/o Village Sitapahari, PO: Sita Pahari, PS: Pakur (Malpahari OP), District Pakur, Jharkhand. 2. Jinabali Sk. @ Jinabdi Sk. S/o late Lohari Lauhari Sk. R/o village Sitapahari, , PO Sita Pahari, PS: Pakur (Malpahari OP), District Pakur, Jharkhand 3. Alla Sk @ Aala Sk., S/o Kabil Sk., R/o Village Patharghata (Nasipur), PO: Patharghata, PS Pakur (Malpahari OP), District Pakur, Jharkhand 4. Rafikul Sk @ Bobikul Sk, S/o Golam Sk. R/o village Patharghata (Nasipur), PO Patharghata, PS Pakur (Malpahari OP), District: Pakur, Jharkhand. …. Petitioner (s) Versus 1. The State of Jharkhand 2. Nurul Haque, S/o late Forman Sk. R/o village Sitapahari, PO Sita Pahari, PS Pakur (Malpahari OP), District Pakur, Jharkhand. .…. OP(s). CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s) : Ms. Nitu Sinha, Advocate For the State : Mr. Achinto Sen, APP ----- 04/13.06.2025: This is an application filed by the petitioners praying for grant of anticipatory bail in terms of sections 482 and 484 of Bharatiya Nagrik Suraksha Sanhita, 2023, as the petitioners have been allegedly implicated in connection with Pakur (Malpahari OP) PS Case No. 3 of 2024 arising out of Complaint Case No. 389 of 2023, for the offences punishable under sections 420, 465, 468 471, 120(B) of the Indian Penal Code, pending in the court of learned Sub Divisional Judicial Magistrate, Pakur. 2. Notice was issued to the complainant. In-spite of valid service of notice, no one has appeared on behalf of the complainant. 2. Heard the learned counsel for the petitioners and the learned counsel for the State. 3. The learned counsel for the State opposes the prayer for anticipatory bail of the petitioners. 4. After hearing the learned counsel for the parties, I find that allegation against the petitioners is that they have sold the land of the informant. The petitioners were also simultaneously claiming ownership over the said land in question. As per them, since they are the owners of the land, they have sold the 2025:JHHC:15418 same. 5. Considering the fact that the case is civil in nature, I am inclined to release the petitioners on anticipatory bail. 6. Accordingly, the petitioners, above named, are directed to surrender before the court below within three weeks from today and in the event of their surrender/arrest the learned court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Pakur, in connection with Pakur (Malpahari OP) PS Case No. 3 of 2024, subject to the condition that one of the bailers should be close relative of the petitioners 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 learned trial court indicating his /her share in the property. (ANANDA SEN, J. ) KNR/