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High Court of Jharkhand · body

2025 DAILYLAW 6152 (JHR)

SAMIULLAH KHAN ALIAS KISMAT KHAN ALIAS SAMIULLAH v. THE STATE OF JHARKHAND

A.B.A./1353/2025 · 2025-02-27

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1353 of 2025 ------ 1. Samiullah Khan @ Kismat Khan @ Samiullah, aged about 45 years, son of Ajad Khan 2. Atiullah Khan @ Ahatullah Khan, aged about 42 years, son of Moshen Khan Both resident of Village-Hussaindih, P.O. & P.S.-Jhalda, Dist.-Puruliya, West Bengal … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Ms. Pinki Kumari, Advocate For the State : Mr. Sanat Kr. Jha, Addl. P.P. ------ Order No.02 Dated- 27.02.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Mahuatand P.S. Case No.19 of 2022 (G.R. No. 763 of 2022) registered for the offences punishable under sections 392 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners committed robbery and snatched away the motorcycle of the informant. It is further submitted that the allegations against the petitioners are all false and the petitioners are not named in the FIR. It is then submitted that the petitioners have been implicated in this case only on the basis of the confessional statement of the co-accused persons. It is further submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant in any manner during the pendency of the case and the petitioners waives their right to be put on Test Identification Parade and undertakes that they will not question their identification by the witnesses in court during the trial on the ground that they were not put to Test Identification Parade. Hence, it is submitted that the petitioners 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 petitioners be given the privilege 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. 20,000/- 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 J.M. 1st Class, Bermo at Tenughat, in connection with Mahuatand P.S. Case No.19 of 2022 (G.R. No. 763 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 numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant in any manner during the pendency of the case and they will not question their identification by the witnesses in court during the trial on the ground that they were not put to Test Identification Parade subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-