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2025 DAILYLAW 34710 (JHR)

SHEIKH JAMIR HUSSAIN ALIAS SHEIKH CHUNNU v. THE STATE OF JHARKHAND

Cr.A(DB)/474/2025 · 2025-04-29

Ambuj Nath, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:12738-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 474 of 2025 1. Sheikh Jamir Hussain @ Sheikh Chunnu, son of Sheikh Ibrahim. 2. Sheikh Doctor @ Ibrahim @ Ibrar Hussain 3. Sheikh Intakhab, son of Sheikh Ali Hussain. All residents of village: Kharkharee, PO & PS: Madhuban, District: Dhanbad. ... Appellants Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH For the Appellants : Mr. Jitendra S. Singh, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P. --- 02/29.04.2025 Heard Mr. Jitendra S. Singh, the learned counsel for the appellants and Mr. Vineet Kumar Vashistha, the learned Spl.P.P. for the State. This appeal is directed against the common order dated 24.03.2025 passed in ABP No. 368 of 2025 and ABP No. 429 of 2025 in connection with Madhuban (Dharmabandh OP) PS Case No. 01 of 2025 by the learned Additional Sessions Judge-XVI, Dhanbad, whereby and whereunder, the prayer for anticipatory bail of the appellants has been rejected. There was a fight between two groups with respect to the marking of land on which coal was to be extracted and when the police party tried to pacify the mob they were subjected to assault which resulted in institution of an FIR against 123 persons. So far as the present appellants are concerned, the allegations are general and omnibus in nature. It appears that one of the similarly situated co-accused has been granted anticipatory bail by this Court in Criminal Appeal (DB) No. 447 of 2025. On consideration of the aforesaid fact, we while setting aside the common order dated 24.03.2025 passed in ABP No. 368 of 2025 and ABP No. 429 of 2025 in connection with Madhuban (Dharmabandh OP) PS Case No. 01 of 2025 by the learned Additional Sessions Judge-XVI, Dhanbad direct the appellants to surrender before the learned trial court within four weeks from today and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad in connection with Madhuban (Dharmabandh OP) PS Case No. 01 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. This appeal is allowed. (RONGON MUKHOPADHYAY, J.) S.B. (AMBUJ NATH, J.) -2-