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2025 DAILYLAW 32298 (JHR)

MD. AFSAR ALI ALLIAS AFSHAR ALI ALLIAS AFSU KHAN v. THE STATE OF JHARKHAND

B.A./9381/2025 · 2025-12-08

Ambuj Nath

body2025

Judgment text

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( 2025:JHHC:36900 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 9380 of 2025 Md. Saddam Hussain, aged about 31 years, S/o. Rafi Ahmed, Resident of Village Plot No. 40/Z, First Mark School Road, near Residence of Laxmi Kachhap, P.O. & P.S.- Bariatu, District- Ranchi, Jharkhand --- --- Petitioner Versus The State of Jharkhand --- --- Opp. Party With B.A. No. 9298 of 2025 --- Saurabh Kumar @ Saurabh Barnawal, aged about 31 years, S/o. Sri Yamuna Prasad, R/o. C/o. S. K. Yadav, New Co-operative Plot No. 176, P.O. & P.S.- Chirachas, District- Bokaro, Jharkhand, also at Village- Nawadih, House No. 6, P.O. & P.S.- Nawadih, District- Bokaro, Jharkhand --- --- Petitioner Versus The State of Jharkhand --- --- Opp. Party With B.A. No. 9381 of 2025 --- Md. Afsar Ali @ Afshar Ali @ Afsu Khan, aged about 55 years, S/o. Late Abid Khan, R/o. near Rahat Nursing Home, Bariatu, P.O. & P.S.- Bariatu, District Ranchi --- --- Petitioner Versus The State of Jharkhand --- --- Opp. Party --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Petitioners: Mr. Jitendra Shankar Singh, Advocate Mr. Rakesh Kumar, Advocate [B.A. No. 9380/2025] Mr. Rishu Ranjan, Advocate Mr. Chiranjeev Bhadoria, Advocate [B.A. 9298/2025] Mr. Nilesh Kumar, Advocate [B.A. 9381/2025] For the O.P-State: Mr. Sanjay Kr. Srivastava, A.P.P. [B.A 9380/2025] Mr. Vineet Kr. Vashistha, Special P.P. [B.A. 9298/2025] Mrs. Shweta Singh, A.P.P [B.A. 9381/2025] --- 08 / 08.12.2025 All these bail applications arise out of the same police case. Accordingly, they are being disposed of by a common order. 2. Heard the parties. 3. Petitioners have been made accused in connection with Bariatu P.S. Case No. 141 of 2022 corresponding to G.R. No. 2089 of 2024 for the offences registered under sections 420, 467 and 471 of the Indian Penal Code (Cognizance has been taken under sections 420, 467 and 471/34 of the Indian 2. Penal Code), pending in the court of learned A.J.C-I-cum-Special Judge, P.M.L.A., Ranchi. 4. Prosecution case was instituted on the basis of typed report of the informant namely Dilip Sharma, who is a Tax Collector working in the Revenue Section at Ranchi Municipal Corporation, Ranchi. It is alleged that the co-accused Pradeep Bagchi had applied for issuance of two Holding Numbers with regard to his flat situated in B-Block of Lotus Garden Complex, Bariatu Road, 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 the 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 associates. As far as the petitioner Md. Saddam Hussain is concerned, he has created the fake documents. 8. Mr. Jitendra Shankar Singh, learned counsel appearing on behalf of the petitioner Saddam Hussain has stated that he is in custody since 20.08.2024. He further submitted that this petitioner has been granted bail in connection with the case relating to Enforcement Directorate. It was further submitted that the offence alleged is triable by a court of Judicial Magistrate and the petitioner has remained in custody for a considerable period of time. 3. 9. Mr. Nilesh Kumar, learned counsel for the petitioner Afsar Ali, submitted that apart from the statement of Ankush Kumar, there is no other material against the petitioner on the record. He further submitted that the petitioner is in custody for one year and eight months. 10. Mr. Chiranjeev Bhadoria, learned counsel appearing on behalf of the petitioner Saurabh Kumar, submitted that he is not an accused in the case relating to Enforcement Directorate. He also submitted that the petitioner is in custody for a considerable period of time. 11. It was also submitted that co-accused Pradeep Bagchi and Chhabi Ranjan who was the then Deputy Commissioner, Ranchi have been granted bail in the present case. 12. The offence alleged is very sensational case of this place. Accused persons were trying to create fake ownership of the land belonging to the Indian Army. Land grabbing by creating forged and fabricated document is very rampant in the State of Jharkhand. There is direct allegation against the petitioners that they were involved in creating forged document, so that the land belonging to the Indian Army can be sold. 13. Considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for bail stands rejected. (Ambuj Nath, J) December 08, 2025 Ranjeet/ Uploaded 10.12.2025