KALAM KHAN ALIAS ABUL KALAM v. THE STATE OF JHARKHAND
A.B.A./2145/2025 · 2025-04-02
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7686 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7686 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:10123] IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2145 of 2025
------
1. Kalam Khan @ Abul Kalam, aged about 67 years.
2. Hasib Khan, aged about 54 years.
3. Zafar Khan, aged about 34 years,
All sons of Late Razique Khan, all residents of near Gurudwara Main Road, P.O. G.P.O. P.S. Lower Bazar, District- Ranchi.
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Nilesh Kumar, Advocate
For the State
: Ms. Nehala Sharmin, Spl.P.P
------
Order No.02 Dated- 02-04-2025
Heard the parties.
Apprehending their arrest in connection with Ormanjhi P.S. Case No.211 of 2021 instituted for the offences punishable under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code, 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 the petitioners sold their land to Angika Development Society even though the petitioners are not the owners of the land. It is submitted that the allegation against the petitioners is false. It is next submitted that the main allegation is against the co-accused namely Mumtaz Khan and Iftekhar Khan. Drawing attention of this Court towards para-15 of the instant anticipatory bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is further submitted that though the petitioners have sold the land to the informant in the year 2012 but they have not received the consideration amount as yet either from the informant or the co-accused land-broker Mumtaz Khan and Iftekhar Khan. It is furthermore submitted that the dispute between the parties is at the most a civil dispute and as the
consideration amount has not been received by the petitioners, hence, the petitioners objected to the mutation of the land in favour of the Angika Development Society. It is next submitted that for the self-same allegation, M/s Angika Development Society represented by R.N. Prasada, has filed Complaint Case No.2212 of 2012 against the co-accused persons and some unknown person in the court of the Chief Judicial Magistrate, Bhagalpur, Bihar. It is also submitted that the petitioners have inherited the property from their ancestors and are in possession of the land. It is further submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 07.01.2025 passed in A.B.A. No.7898 of 2024. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Spl. 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi in connection with Ormanjhi P.S. Case No.211 of 2021 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 that 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.) Animesh/