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2025 DAILYLAW 34398 (JHR)

GAFFAR ALI v. THE STATE OF JHARKHAND

A.B.A./6098/2025 · 2025-10-16

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:32207 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6098 of 2025 Gaffar Ali, aged about 87 years, son of Late Budhan Ali, resident of village-Romi, P.O. Pelawal, P.S. – Katkamsandi, District- Hazaribag …. Petitioner Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. Naveen Kr. Gaunjhu, A.P.P. ------ 2/16.10.2025 Heard learned counsel appearing on behalf of Petitioner and learned counsel appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Katkamdag P.S. Case No. 135/2022 registered under sections 323, 420, 423, 467, 468, 504, 506, 120B of the I.P.C., pending in the Court learned Judicial Magistrate, 1st Class, Hazaribag. 3. Learned counsel appearing for the petitioner submits in the complaint petition before the learned Court, it has been wrongly alleged that the petitioner has sold the land. He submits that the land belongs to the petitioner and in view of that petitioner sold the same. He then submits that for land in question, the suit has also been filed being Title Suit No.129 of 2024. He also submits that the case is of civil nature and for that the complaint case has been lodged. 4. Learned counsel for the State opposed the prayer and submits that this case is arising out of complaint case. 5. In view of the above and considering complaint has already instituted the Title Suit No.129 of 2024 and in view of that prima facie case is civil in nature; I am inclined to grant anticipatory bail to 2025:JHHC:32207 2 the petitioner. 6. Accordingly, the petitioner above named is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribag in connection with Katkamdag P.S. Case No. 135/2022, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023. 7. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 16.10.2025 R.Kumar