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2025 DAILYLAW 36642 (JHR)

FAIZ ALI v. THE STATE OF JHARKHAND

A.B.A./6338/2025 · 2025-11-11

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:33571 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.6338 of 2025 1. Faiz Ali, aged about 22 years, son of Md. Jahangir, resident of Islam Nagar, Road No. 13, Kapali, Post Kapali, Police Station Chandil, District Seraikella Kharsawan 2. Md. Irshad, aged about 23 years, son of Md. Halim Ansari, Resident of 181 E, Mazar Gali, Near Hedayatul Islam Masjid, Post Kapali, Police Station Chandil, District Seraikella Kharsawan …. Petitioners Versus The State of Jharkhand … Opp. Party -------- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Vikash Kumar, Advocate For the State : Mr. Satish Prasad, A.P.P. For the Informant : Mr. Lalit Yadav, Advocate ------ 2/11.11.2025 Heard learned counsel appearing on behalf of Petitioners and learned counsel appearing on behalf of the State and informant. 2. The petitioners are apprehending their arrest in connection with Chandil (Kapali O.P.) P.S. Case No. 44 of 2025, registered for the offences under Sections 115(2), 351(2)/351(3)/117(2)/118(1), 118(2), 109/49/352/61(2)/3(5) of B.N.S, 2023, pending in the court of learned S.D.J.M, Seraikella. 3. Learned counsel appearing for the petitioners submits that there are general and omnibus allegation so far petitioners are concerned and the allegation of assault is there against Aayan and one another person, who were present in the Saloon. He further submits that only allegation against the petitioners are that they were present there. He further submits that now compromise has reached between the parties and a joint compromise petition has been filed before the learned Sessions Judge, however the learned Sessions Judge has not considered the same. He further submits that the co-accused has been granted anticipatory bail in ABA No.5642 of 2025. On these grounds, He submits that the petitioners may kindly be provided privilege of anticipatory bail. 2025:JHHC:33571 2 4. Learned A.P.P. for the State has opposed the prayer and submits that injury is grievous in nature. 5. Learned counsel appearing for the informant submits that the compromise has reached between the parties and the co-accused has been granted anticipatory bail in ABA No.5642 of 2025 on the basis of compromise. 6. Looking into contents of F.I.R, it transpires that there is direct allegation against Aayan and one another person who was present in the Saloon. So far petitioners are concerned, allegations are made that they were present there. Now compromise has reached between the parties and a joint compromise petition has been filed before the learned Sessions Judge contained in Annexure-2. 7. In the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners, named above, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) each, with two sureties of the like amount each, to the satisfaction of learned S.D.J.M, Seraikella, in connection with Chandil (Kapali O.P.) P.S. Case No. 44 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. This Anticipatory Bail Application is accordingly allowed and disposed of. (Sanjay Kumar Dwivedi, J.) 11.11.2025 R.Kumar