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2025 DAILYLAW 30771 (JHR)

MD MANAUWAR KHAN v. THE STATE OF JHARKHAND

A.B.A./8131/2024 · 2025-01-10

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 8131 of 2024 ------ 1. Md. Manauwar Khan, aged about 49 years, son of Mohammad Warish Khan 2. Wahid Alam Khan, aged about 49 years, son of Wasi Ahmad Khan 3. Said Reja Khan @ Rahid Raza Khan, aged about 36 years, son of Md. Ekbal Khan 4. Saddam Khan, aged about 28 years, son of Ahmad Khan 5. Md. Neshant Khan, aged about 48 years, son of Md. Idris Khan Petitioner nos. 1 to 5 are residents of Village-Lakhana, P.O.- Dumariya, P.S.-Garhwa, Dist.-Garhwa 6. Md. Rahish Khan, aged about 44 years, son of Md. Lal Mohamad Khan, resident of Village-Karcha, P.O.- Dumariya, P.S.-Garhwa, Dist.-Garhwa … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. A.K. Chaturvedy, Advocate For the State : Mr. Shree P. Jha, Addl. P.P. ------ Order No.02 Dated- 10.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Garhwa P.S. Case No.540 of 2024 registered under sections 191(2)/ 190/125/105/352/351(2)/351(3)/121(1)132/221/224/196/292/285 /223 of the B.N.S., 2023. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the members of an unlawful assembly and in prosecution of the common object of the assembly committed rioting and attempted to murder Nasir Khan. It is further submitted that the allegations against the petitioners are all false and the occurrence took place regarding the immersion of idol of goddess Durga and the petitioners had no intention to kill anybody. 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 informant or any of his party members 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 above named 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. 10,000/- 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., Garhwa, in connection with Garhwa P.S. Case No.540 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant or any of his party members 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-