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2025 DAILYLAW 3148 (JHR)

SAKIR SHAH v. THE STATE OF JHARKHAND

B.A./376/2025 · 2025-03-17

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 376 of 2025 1. Sakir Shah, aged about 48 years, son of Late Makbool Shah @ Late Makbul Shah 2. Gudu Shah @ Guddu Shah @ Md. Ali Shah, aged about 30 years, Shah, son of Sakir Shah, Both are resident of Village Sarath, P.O. and P.S. Sarath Sub-Division Madhupur, District, Deoghar --- --- Petitioners Versus The State of Jharkhand --- --- Opp. Party --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioners: Mr. R.S. Mazumdar, Sr. Advocate Mr. Naveen Kumar, Advocate For the O.P-State: Mr. Pankaj Kr. Mishra, A.P.P. --- 03 / 17.03.2025 Heard the parties. 2. Petitioner has been made accused in connection with Sessions Trial Case No. 386 of 2023 arising out of Sarath P.S. Case No. 40 of 2023 for the offences registered under sections 148, 149, 341, 506, 326, 307 and 302/34 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge-I, Madhupur (Deoghar). 3. Bail application of the petitioner no. 2 – Guddu Shah has been rejected by this court vide B.A No. 8755 of 2023 by order dated 24.11.2023. 4. On 03.04.2023, the Informant Noorsaba Bibi was returning home with her husband Basir Shah and nephew Sona Babu. On the way, they were intercepted by the petitioners and other co-accused persons. There is specific allegation against the petitioner no. 2-Guddu Shah that he had inflicted knife blow on the stomach and other parts of the body of the husband of the Informant, due to which, he succumbed to his injuries. 4. It was submitted that as far as the petitioner no. 1-Sakir Shah is concerned, he has not assaulted the deceased. There is allegation against him that he had assaulted the Informant. 5. Learned A.P.P has opposed the prayer for bail and submitted that he was the order giver. 2. 6. Considering the nature of allegation, I am not inclined to enlarge the petitioner no. 2- Gudu Shah @ Guddu Shah @ Md. Ali Shah on bail. Accordingly, his prayer for bail stands rejected once again. 7. As far as the petitioner no. 1- Sakir Shah is concerned, I am inclined to enlarge him on bail. Accordingly, the petitioner no. 1- Sakir Shah is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Madhupur (Deoghar) in connection with Sessions Trial Case No. 386 of 2023 arising out of Sarath P.S. Case No. 40 of 2023. (Ambuj Nath, J) Ranjeet/ Uploaded