Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 4040 (JHR)

SIKANDAR ALIAS SHEKH SIKANDAR v. THE STATE OF JHARKHAND

A.B.A./582/2025 · 2025-03-21

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 582 of 2025 Sikandar @ Sekh Sinkandar, aged about 42 years, Son of Shekh Fakhir Mahamamd, resident of Village- Motijharna, P.O.-Maharajpur, Police Station-Taljhari, District-Sahibganj. ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mr., R.R. Shekhar Singh, Advocate. For the State : Mrs. Bandana Sinha, A.P.P. ------ 04/ 21.03.2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with Borio (J) P.S. Case No. 188 of 2023, registered for the offences under Sections 414 and 34 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Sahibganj. 3. Learned counsel for the petitioner submits that the petitioner has earlier moved before this court in A.B.A. No. 58 of 2024, however, the prayer for anticipatory bail of the petitioner was rejected by order dated 04.03.2024 on the ground that the petitioner was having the criminal antecedent and that was submitted on behalf of the State. He submits that in this ABA, by order dated 31.01.2025, the State was directed to file an affidavit disclosing the criminal antecedents of the petitioner and pursuant to that a counter affidavit has been filed, wherein it has been disclosed that the petitioner is having no criminal antecedent. He further submits that nothing incriminating has been recovered from the petitioner and only on the basis of confessional statement of the co-accused, the name of this petitioner has come. 4. Learned A.P.P. for the State has opposed the prayer, however, she has not disputed that the petitioner is having no criminal antecedent. 5. In the counter affidavit, filed on behalf of the State, in para- 8, it has been disclosed that the petitioner is having no criminal antecedent and the earlier prayer for anticipatory bail was rejected on the ground of criminal antecedent. Further nothing incriminating has -2- been recovered from the petitioner and only on the basis of confessional statement of the co-accused, the name of this petitioner has come. 6. In view of the attending facts and circumstances of the case, I am inclined to provide privilege of anticipatory bail to the petitioner. 7. Accordingly, the petitioner, named above, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Borio (J) P.S. Case No. 188 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure corresponding to Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Amitesh/-