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2025 DAILYLAW 5957 (JHR)

MD. SAIEED HASAN v. THE STATE OF JHARKHAND

A.B.A./1312/2025 · 2025-07-07

Sri Ananda Sen

body2025

Judgment text

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( 2025:JHHC:18269 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1312 of 2025 ------ Md. Saieed Hasan, aged about 28 years, S/O Md. Amir Hasan Ansari, R/O Village – Sonpurwa, PO – Garhwa, PS – Gahrwa, District – Garhwa, Jharkhand. … Petitioner Versus 1. The State of Jharkhand. 2. Rina Devi, W/O Gyan Prakash Keshri, R/O Ward No. 13, Galla Patti, Sutri Pati, PO – Garhwa, PS – Garhwa, District – Garhwa, Jharkhand. … … Opposite Parties ------ CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Suraj Singh, Advocate For the State : Mr. Vijoy Kumar Sinha, APP ----- 06/ 07th July 2025 1. Heard the learned counsel for the parties. 2. This anticipatory bail application under Section 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 316 (4), 318 (4) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the petitioner submits that he being the broker admittedly had received money from the informant and, thereafter, handed over the same to the raiyats but the raiyats are not executing the deed. 4. Learned counsel for the informant submits that admittedly the entire money was taken by this petitioner but the petitioner failed to get the land transferred in the name of the informant. 5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 6. After hearing the parties, I have gone through the FIR and other documents I find that the petitioner had received Rs. 18,00,000/- by cheque to get the land registered in the name of the informant. It was the job of the petitioner to get the said land of the raiyats registered in favour of the informant which the petitioner failed. Petitioner claims that he had in turn disbursed Rs. ( 2025:JHHC:18269 ) 2 20,00,000/- to the raiyats but since in the meantime, the price of the property increased, the raiyats refused to execute the deed. 7. Considering the nature of allegation, since the matter relates to sale and purchase of the land, I am inclined to allow this anticipatory bail application with a condition to the petitioner that the petitioner will appear before the Investigating Officer once in every 15 days and he will co-operate with the trial. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Court of Chief Judicial Magistrate, Garhwa, in connection with Garhwa P.S. Case No. 554 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 8. Accordingly, this anticipatory bail application is allowed. (ANANDA SEN, J.) Aditi