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2025 DAILYLAW 4452 (JHR)

MD GUFRAN v. THE STATE OF JHARKHAND

A.B.A./919/2025 · 2025-02-11

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.919 of 2025 ------ 1. Md. Gufran, aged about 30 years, 2. Md. Jawed Alam @ Md. Jawed, aged about 31 years 3. Md. Imran, aged about 31 years, All are Son of Md. Shabbir @ Sabbir Ahmad, Resident of Village- Beldiha, P.O.-Lazmipur, P.S.-Basantrai, Dist.-Godda, Jharkhand .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Subhneet Jha, Advocate For the State : Mrs. Nehala Sharmin,Addl. P.P ------ Order No.02 Dated- 11-02-2025 Heard the parties. Apprehending their arrest in connection with Basantrai P.S. Case No.39 of 2024 instituted under Sections 191(2), 191(3), 190, 126(2), 115(2), 118, 117(2) and 109 of B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that petitioners were the member of an unlawful assembly, being armed with deadly weapons, in prosecution of common object of such assembly, attempted to murder Md. Zainul Ashiya, Md. Zahid, Sadika Khatoon and Md. Sahid. It is then submitted that the allegations against the petitioners are false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioners that injuries are not on the vital parts of the body of the alleged victim. It is then submitted that similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 28.01.2025 in A.B.A. No.600 of 2025. It is next submitted that there was free fight between the parties and the informant party was the aggressor party and for the self- same occurrence, from the side of the petitioners, Basantrai P.S. Case No.40 of 2024 was instituted by the father of the petitioners. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Godda in connection with Basantrai P.S. Case No.39 of 2024 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Rohit/