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2025 DAILYLAW 35501 (JHR)

MD SARWAR ALIAS MD. SARWAR v. THE STAE OF JHARKHAND

Cr.A(DB)/1138/2025 · 2025-10-07

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

body2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:30998-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. A (D.B.) No. 1187 of 2025 --------- Md. Saif Ali @ Munna Khan, S/o-Shaukat Ali, age-31 years, R/o-Aziz Nagar Bypass Road, Pandarpala, P.O.-Bhuli, P.S.-Bank More (BHULI O.P.), Dhanbad, Jharkhand … … Appellant Versus The State of Jharkhand … … Respondent With Cr. A (D.B.) No. 1138 of 2025 --------- M.D. Sarwar @ Md. Sarwar, aged about 29, son of Md. Muslim @ Md. Muslim Ansari, resident of Nishat Nagar, Wasseypur, P.O.-Dhanbad, P.S. Bankmore, District-Dhanbad, Jharkhand … … Appellant Versus The State of Jharkhand … … Respondent --------- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Appellant : Mrs. Talat Parween, Advocate [in Cr.A(DB) No.1187 of 2025] Mr. Zaid Ahmed, Advocate [In Cr.A(DB) No.1138 of 2025] For the Resp. State : Mrs. Vandana Bharti, A.P.P. ----------- 04/Dated: 07th October, 2025 Cr. Appeal(DB) No.1187 of 2025 1. Heard Mrs. Talat Parween, learned counsel for the appellant and learned A.P.P. for the State. 2. This appeal is directed against the order dated 12.08.2025 passed in Bail Petition No.618 of 2025 arising out of Barwadda P.S. Case No.156 of 2025 by the learned Additional Sessions Judge-XVI, Dhanbad, whereby and whereunder, the prayer for bail of the appellant has been rejected. 3. It has been alleged that in course of checking, 2 persons were apprehended and on their disclosure, four other persons were also apprehended with arms and ammunitions. Neutral Citation No. ( 2025:JHHC:30998-DB ) 2 4. Submission has been advanced by learned counsel for the appellant that the appellant has been implicated on the confessional statement of the co-accused, Pintu Lohra. 5. Learned counsel submits that the appellant is in custody since 24.06.2025. 6. Learned A.P.P. appearing for the State has opposed the prayer for bail of the appellant and has submitted that the appellant has got four criminal antecedents to which, Mrs. Talat Parween, learned counsel for the appellant has submitted that in one case, he has been acquitted and in one another case, he is on bail. 7. On consideration of the manner of implication of the appellant, we, while setting aside the order dated 12.08.2025 passed in Bail Petition No.618 of 2025 arising out of Barwadda P.S. Case No.156 of 2025, direct the appellant be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad. 8. This appeal is allowed. Cr. Appeal(DB) No.1138 of 2025 9. Heard Mr. Zaid Ahmed, learned counsel for the appellant and learned A.P.P. for the State. 10. This appeal is directed against the order dated 12.08.2025 passed in Bail Petition No.704 of 2025 arising out of Barwadda P.S. Case No.156 of 2025 by the learned Additional Sessions Judge-XVI, Dhanbad, whereby and whereunder, the prayer for bail of the appellant has been rejected. Neutral Citation No. ( 2025:JHHC:30998-DB ) 3 11. It has been alleged that in course of checking, 2 persons were apprehended and on their disclosure, four other persons were apprehended with arms and ammunitions. 12. Submission has been advanced by learned counsel for the appellant that on disclosure of two accused persons, who were initially apprehended, the name of the appellant has surfaced and from his possession, one country made pistol was recovered. 13. Learned counsel submits that the appellant is in custody since 24.06.2025 and he does not have any case prior to the present case, but subsequent to the present case, another case has been instituted against him. 14. Learned A.P.P. appearing for the State has opposed the prayer for bail of the appellant. 15. On consideration of the custody undergone by the appellant and the fact that the appellant does not have any criminal antecedents prior to the institution of the present case, we, while setting aside the order dated 12.08.2025 passed in Bail Petition No.704 of 2025 arising out of Barwadda P.S. Case No.156 of 2025, direct the appellant be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad. 16. This appeal is allowed. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) Dated:-07/10/2025 Pappu/-