MD SERAFAT HUSSAIN ALIAS SARFARAJ HUSSAIN MD SARFARAJ HUSSAIN v. THE STATE OF JHARKHAND
A.B.A./140/2025 · 2025-01-17
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30560 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30560 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 140 of 2025
Md. Sarafat Hussain @ Sarfaraj Hussain @ Md. Serafat Hussain, son of Md. Mubarak Ansari @ Md. Mubarak Ali, aged about 23 years, resident of village- Bundu, P.O. &P.S.- Keredari, Dist.-Hazaribag (Jharkhand)
… Petitioner
Versus
The State of Jharkhand
… Opp. Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Razaullah Ansari, Adv. For the State : Mr. Ajay Kr. Pathak , Addl.PP
02 / 17.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Simariya P.S. Case No. 148 of 2024 registered under Sections 303(2), 317 (2), 3(5) of the BNSS,
2023.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was committing theft of diesel from the truck. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 10 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to
the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this
order, the petitioner shall be released on bail on depositing Rs. 5,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Chatra in connection with Simariya P.S. Case No. 148 of 2024 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023.
(ANIL KUMAR CHOUDHARY, J.) Smita/-