MAJUBULLAH MIRDAHA ALIAS MD MAJIBULLAH v. THE STATE OF JHARKHAND
A.B.A./1128/2025 · 2025-02-19
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5339 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5339 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1128 of 2025
------ Majibullah Mirdaha @ Md. Majibullah, age 43 years, S/o Safid Mirdeaha @ Md. Safid R/o Vill. Soranda, Bandhtoli, P.S. & P.O.- Bhandra, Dist.-Lohardaga, Jharkhand.
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Mohit Prakash, Advocate
For the State
: Mr. Naveen Kr. Gaunjhu, Addl.P.P.
------
Order No.02 Dated- 19/02/2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bhandra P.S. Case No.66 of 2024 registered under sections 316(2)/318(4)/338/336(3)/340(2)/308(5)/3(5) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons committed cheating and criminal breach of trust. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the allegation against the petitioner is of selling the tractor of the informant which was taken on rent with a promise to run the same and give the profits to the informant. It is next submitted that the alleged tractor was seized by the police. It is next submitted that the petitioner has not got the tractor registered with the District Transport Officer. It is next submitted that at the time of the marriage of the daughter of the informant, the informant handed over the tractor to Shoaib Akhtar and took loan in cash and also some furniture. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 11 of the anticipatory bail application. It is further submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or
disturb the informant or any of his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 10,000/- and 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 J.M. 1st Class, Lohardaga, in connection with Bhandra P.S. Case No.66 of 2024 with the condition that the petitioner will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant or any of his family members in any manner 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.) Abhiraj/