Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 423 of 2025
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1. Rajab, aged about 55 years, son of late Habir Miyan
2. Md. Kamal, aged about 38 years, son of late Habir Miyan
3. Razzaque @ Rajak, aged about 44 years, son of late Habir Miyan All residents of Village- Karma, P.O.-Karma, P.S.+Dist.- Koderma, (Jharkhand)
… Petitioners
Versus
1. The State of Jharkhand
2. Md. Mustakim, s/o late Dodi Mian, aged about 76 years, r/o Bekobar Tola-Amba Tand, P.O.-Bekobar, P.O. & P.S.- Koderma … Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Avilash Kumar, Advocate For the State
: Mrs. Anuradha Sahay, Addl. P.P. ------
Order No.02 Dated- 24.01.2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 176 of 2023 registered under sections 323/ 406/417/420/504/420/448/148/120B/147 of the Indian Penal Code.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons did not honour the agreement of sale entered into by the co-accused- Madina Khatoon and the complainant and sold the land to Sadab Hussain and the petitioners are the witnesses of the said sale deed. It is further submitted that the allegations against the petitioners are all false and the dispute between the parties is basically a civil dispute and there is no allegation of the vendor of the sale deed or anyone else of any impersonation. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of
the case and further undertake that they will not annoy or disturb the complainant in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 5,000/- each and 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 C.J.M., Koderma, in connection with Complaint Case No. 176 of 2023 with the condition that the petitioners will cooperate with the trial of the case with further condition that they will not go annoy or disturb the complainant in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-