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2025 DAILYLAW 34590 (JHR)

ALFAZ KHAN ALIAS ALFAZ v. THE STATE OF JHARKHAND

A.B.A./5897/2024 · 2025-05-01

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:13145 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5897 of 2024 ----- 1.Alfaz Khan @ Alfaz, S/o Iltaf Khan, R/o House No.21-B, Near Haz house, Loharakocha, Kadru, P.O & P.S. Doranda, Dist- Ranchi 2.Afroz Khan @ Afroz, S/o Iltaf Hussain, R/o Kadru, Near Haz House, P.O. & P.S. Doranda, Dist- Ranchi .... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rajesh Kumar, Advocate For the State : Mr. Nawin Kumar Singh, AddI.P.P. …...... 06/ 01.05.2025: Heard, learned counsel for the petitioners and learned counsel for the State. 2. This is an application filed by the petitioners praying for grant of anticipatory bail in terms of Sections 482 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 apprehending their arrest for the offences under Sections 457, 380, 504, 506, 34 of IPC. 3. It has been alleged by the informant that in the year 1984, her husband purchased four kathas of land situated over Khata No.3, Plot No. 127/181 through registered sale deed. They had been in peaceful possession of the said land from the start, however, since last one year the accused persons tried to oust the informant and her husband from the landed property and in course of the act had stolen away house hold articles by breaking lock of the house. On 02.05.2024, the informant came to know that the house was let out on rent by the accused persons but knowing about the ownership over the house, the tenant left the house. It has been further alleged that the accused persons had been trying to sell out the said landed property by using criminal intents and also threatened the informant and her husband of dire consequences. 4. Learned counsel for the petitioners stated that the case has been lodged with ulterior motive. The basic dispute as revealed in the FIR is with regard to land. The counsel submits that the disputed land belongs to the petitioners as an ancestral property. The land is registered in the name of Amir Ali and petitioners are the successors of Amir Ali. A proceeding under Section 144 of Cr.P.C. has also been initiated in the year 2021 in which, the petitioners are one of the parties. The petitioners have given several representations to administrative authorities about the illegal occupancy and unauthorized constructions on their ancestral land. This false case has been lodged to put pressure on the petitioners and their family to withdraw their claim over the said land. 5. The learned APP opposes the prayer for anticipatory bail. 6. Considering the fact that the witnesses of the locality have supported the allegations that the accused, on the date of occurrence, had broken the main door of the house and taken away articles belongs to the informant and that the report of the Circle Officer shows that the disputed land belongs to the informant as the rent- receipt has also been issued in favour of the informant, I find that this is not a fit case for grant of anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners in connection with Argora P.S. Case No.112 of 2024, pending in the court of learned Judicial Magistrate, XIII, Ranchi, stands rejected. The findings are prima-facie in nature, which will not affect the Court, when the petitioners appear before the Court concerned nor will affect the trial. (ANANDA SEN, J.) R.S./