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2025 DAILYLAW 5437 (JHR)

SABIR MIAN ALIAS MD. SABIR v. THE STATE OF JHARKHAND

A.B.A./1182/2025 · 2025-02-20

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1182 of 2025 ------ 1. Sabir Mian @ Md Sabir, aged about 42 years, Son of Salamat Mian @ Md. Salamat, Resident of Village-Parsauni, P.O. Parsauni & P.S.-Itkhori, District-Chatra. 2. Md. Sultan Miyan @ Md. Sultan @ Md. Saltan, aged about 45 years, Son of Late Dhalo Miyan @ Abdula Miyan, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra. 3. Kari Sahab @ Alauddin, aged about 55 years, Son of Jahangir Miyan @ Jahangir Ali, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra. 4. Md. Sultan Miyan @ Md. Sultan, aged about 45 years, son of Basir Miyan @ Nasiruddin, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra. 5. Lallu Miyan @ Md. Saqlain, aged about 25 years, son of Md. Giyash Miyan @ Md. Gyas, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra. 6. Md. Jamir Miyan @ Jameeruddin @ Jameeruddini, aged about 45 years, Son of Asgar Ali @ Asagar, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra. 7. Sarfraz Miyan @ Md. Sarfaraj Ali, aged about 65 years, son of Late Gulam Rasul Miyan @ Gulam Rasul, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra. 8. Afjal Miyan @ Md. Afzal, aged about 56 years, Son of Late Ajij Miyan @ Ajij Ali, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra. 9. Samina Khatoon, aged about 66 years, Wife of Sarfuddin Miyan @ Md. Samsuddin, Resident of Village Parsauni, P.O. Parsauni & P.S. Itkhori, District-Chatra .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : None For the State : None ------ Order No.02 Dated- 20/02/2025 No one turns up on behalf of either of the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privileges of anticipatory bail in connection with Itkhori P.S. Case No.07 of 2022 registered under sections 147, 149, 323, 337, 338, 353, 504, 506 & 120B of the Indian Penal Code. Perusal of the record reveals that the allegation against the petitioners is that the petitioners were the members of an unlawful assembly, in prosecution of common object of the assembly pelted stones upon the member of the other community. It is further averred that the allegations against the petitioners are all false and there is no specific allegation against the petitioners. It is also averred that the petitioners are ready and willing to abide by any terms and conditions imposed upon him by this Court. 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 petitioners be given the privileges of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chatra, in connection with Itkhori P.S. Case No.07 of 2022 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that that they will not indulge in any offence while on bail and subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/