AZHAR ALIAS MD AZHARUDDIH v. THE STATE OF JHARKHAND
A.B.A./7541/2024 · 2025-03-25
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29248 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29248 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7541 of 2024
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1. Azhar @ Md. Azharuddih, aged about 30 years, son of Sk. Afazuddin
2. Saiful Haque @ Saiful, aged about 34 years, son of Afazuddin Both are residents of Haldipokhar, P.O. & P.S.-Kowali, Town-Jamshedpur, Dist.-East Singhbhum
… Petitioners
Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Dilip Kr. Chakraverty, Advocate For the State
: Mr. Fahad Allam, Addl. P.P. ------
Order No.04 Dated- 25.03.2025 I.A. No. 3640 of 2025
Heard the parties.
Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer for early hearing of this anticipatory bail application.
Since, this anticipatory bail application is taken up today hence, the prayer has become infructuous.
Accordingly, this interlocutory application is disposed of being infructuous.
(Anil Kumar Choudhary, J.) A.B.A. No. 7541 of 2024
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Kowali P.S. Case No.18 of 2023 (G.R. No. 911 of 2023) registered for the offences punishable under sections 147/ 148/ 149/ 323/ 325/ 307/ 109/34 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 were member of unlawful assembly and in prosecution of the
common object of the assembly attempted to murder Mukhiya of Haldipokhar East Gram Panchayat namely Devi Kumari Bhumij when she was participating in a procession on the occasion of Ramnavmi in a temple and the petitioners in a preplanned manner showered stones and bricks upon the informant and the members who were participating in the procession with an intention to kill them; by which the informant sustained grievous injury on the head, nose and eyes. It is further submitted that the allegations against the petitioners are all false and the petitioners have been implicated in this case because of political rivalry. It is then submitted that the FIR has been lodged one day after the occurrence. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.
Learned Addl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that keeping in view the heinous nature of act of the petitioners of showering stones and bricks on an unarmed lady that too Mookkiah of the village and others participating in a religious ramnavmi procession without any provocation in an organized manner, the custodial interrogation of the petitioners are required during the investigation of the case to find out the involvement of other persons and to unearth the details and pre planning. It is then by the learned Add. P.P. that the petitioners are threat to the law-and-
order situation in the locality. Hence, it is submitted that the petitioners ought not to be given the privilege of anticipatory bail.
Considering the serious nature of allegation against the petitioners and the requirement of custodial interrogation of the petitioners during the investigation of the case as well as the fact that they are threat to the law-and-order situation in the locality, this Court is not inclined to give the privilege of anticipatory bail to the petitioners. Accordingly, the prayer for grant of privilege of anticipatory bail to the petitioners is rejected.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-