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2025 DAILYLAW 2999 (JHR)

MD SADDAM HUSSAIN v. THE STATE OF JHARKHAND

B.A./1095/2025 · 2025-02-10

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9965 of 2024 ------ Saurabh Kumar @ Saurabh Barnawal, aged about 30 years, S/o. Sri Yamuna Prasad, R/o. C/o. S. K. Yadav, New Co-operative Plot No. 176, P.O. & P.S.- Chirachas, Dist.- Bokaro, Jharkhand, Permanent R/o. Vill.- Nawadih, House No. 6, P.O. & P.S.- Nawadih, Dist.- Bokaro, Jharkhand. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party With B.A. No. 499 of 2025 ------ Md. Afsar Ali @ Afsu Khan, aged about 55 years, S/o. Late Abid Khan, R/o. near Rahat Nursing Home, Bariatu, P.O. & P.S.- Bariatu, Dist.- Ranchi. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party With B.A. No. 1095 of 2025 ------ Md. Saddam Hussain, aged about 31 years, S/o. Rafi Ahmed, R/o. First Mark School Road, near Residence of Laxmi Kachhap House, P.O. & P.S.- Sadar, Dist.- Ranchi, Jharkhand. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioners : M/s. Nutan Kumari Sharma, Advocate : Mr. Naveen Kr. Jaiswal, Advocate : Mr. Nilesh Kumar, Advocate : Mr. Rakesh Kumar, Advocate For the State : Mrs. Nehala Sharmin, Spl.P.P. : Mr. Shailesh Kr. Sinha, A.P.P. ------ 04/10.02.2025 Heard the parties. 2. All these bail applications arise out of the same police case. Accordingly, all these case are being disposed of by a common order. 3. The petitioners have been made accused in connection with Bariatu P.S. Case No. 141/2022 corresponding to G.R. Case No. 2089/2024, for the offences registered under Sections 420, 467 & 471 of the I.P.C. subsequently charge-sheet has been submitted under Sections 420, 467 & 471/34 of the I.P.C., pending in the Court of learned A.J.C.-I-cum-Special Judge, P.M.L.A., Ranchi. 4. The prosecution case was instituted on the basis of typed report of the informant namely Dilip Sharma, who is a tax collector, working in Revenue Section at Ranchi Municipal Corporation, Ranchi. One Pradeep Bagchi had applied for issuance of two Holding Numbers with regard to his flat situated in B Block of Lotus Garden Complex, Bariatu Raod, Ranchi. 5. During the enquiry, it was found that Pradeep Bagchi was not residing at the given address for which application for issuance of holding number was made. It was also found that the documents given by him were also forged and fabricated. 6. During the course of investigation, it transpired that the entire occurrence was part of larger conspiracy to create fake ownership of Pradeep Bagchi, with regard to the plot of land situated in Bariatu belonging to the Indian Army. The fake ownership of this land was created in the name of Ms. Jagatbandhu Tea Estate Pvt. Ltd., and co-accused Pradeep Bagchi was trying to obtain holding numbers to show his residence at B Block of Lotus Garden Complex, Bariatu Road, Ranchi so that the land belonging to the Indian Army can be registered and mutated in his name. 7. Statement of one Ankush Kumar has been recorded during investigation, in which he has stated that at the instance of the petitioner Md. Afsar Ali @ Afsu Khan, he had handed over the fake certificate and Rs.90,000 to the petitioner Saurabh Kumar @ Saurabh Barnawal, who had promised to get the holding numbers issued in the name of accused Pradeep Bagchi. He has also stated that at the instance of the petitioner Md. Afsar Ali @ Afsu Khan, Rs. 90,000/- was paid to the account of Saurabh Kumar @ Saurabh Barnawal and one of his associate. 8 . As far as, the petitioner Md. Saddam Hussain is concerned, he has created the fake documents. 9. In view of the nature of allegation, I am not inclined to release the petitioners, on bail. Accordingly, their prayer for bail stands rejected. (Ambuj Nath, J.) Rahul/-