Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:13381 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5933 of 2024 ------ Zahid Ahmad, son of Abdul Jabbar, R/o Lok Vihar Lalpur, Post Ranchi, G.P.O., P.S. Lalpur, District Ranchi, Jharkhand. … … Petitioner Versus
1. The State of Jharkhand.
2. Suhail Khan, son of late Hasibuddin Khan, resident of Lok Vihar Colony, H.B. Road, P.O. + P.S. Lalpur, District Ranchi. … … Opposite Parties ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Amit Kumar Das, Advocate. For the State : Mrs. Priya Shrestha, Spl. P.P. -----
06/ 01.05.2025
This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 467, 468, 471, 420, 406, 120-B and 34 IPC.
2.
Notice which was issued to the opposite party No.2 / informant has been validly served. No one appears on behalf of the informant.
3.
Learned counsel Mr. Amit Kumar Das, submits that the entire allegation levelled against the petitioner is false. The father of the petitioner or any family member of the petitioner were never a tenant under the informant. It is the father of the informant who had sold the land in the year 2008 to the father and mother of this petitioner. After the death of informant’s father, it is the mother and other brother and sister of the petitioner, who have sold the land to accused No.9. He submits that on perusal of the sale deed, it would be clear that it was executed by Fatima Khatoon (mother of the petitioner), Md. Mosharraf Nazar (brother of the petitioner), Sadiq Amin (brother of the petitioner), Mohammad Nazar @ Mohassar Nazar (brother of the petitioner), Jeena Ara (sister of the petitioner). He submits that the petitioner is not even a signatory to the document. 4. Learned Spl. P.P. Mrs. Priya Shrestha, vehemently
2025:JHHC:13381 opposes the prayer for anticipatory bail and submits that in the khatiyan, the land is recorded in the name of Tapan Banerjee, Bandana Oraon and Mangra Oraon. The holding is also not registered with the Ranchi Municipal Corporation. 5. After hearing the parties, I have gone through the materials available on record. 6. The sale deed by which the land was being sold to accused No.9, is on record. From the sale deed, it is clear that the same has been sold by the mother, brother and sister of the petitioner. The petitioner is not the signatory of the sale deed. Annexure-2 is the sale deed, by which the father of the informant had sold the land to the mother and father of the petitioner earlier. 7. Considering the aforesaid materials and the sale deed which prima facie substantiates that it were the father and mother of this petitioner who purchased the land from the father of the informant and thereafter the land was being sold by the mother, brother and sister of this petitioner to accused No.9; and the petitioner is not the signatory to sale deed, I am inclined to enlarge this petitioner on anticipatory bail. 8. Accordingly, this Anticipatory Bail Application stands allowed.
The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall 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 Judicial Magistrate, 1st Class, Ranchi, in connection with Lalpur P.S. Case No.245 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Prashant. Cp-3