WASIM RAJA ALIAS WASIM RAZA KHAN v. THE STATE OF JHARKHAND
Cr.M.P./904/2019 · 2025-08-12
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9566 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9566 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(2025:JHHC:23179 )
1
Cr. M.P. No.904 of 2019
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.904 of 2019
------
Wasim Raja @ Wasim Raza Khan @ Waseem Raza, aged about 33 years, son of Md. Akhtar, resident of Flat No.204, S Tower, Church Road, Near Vikrant Chowk, Ranchi, P.O. & G.P.O., P.S. Lower Bazar, Dist.-Ranchi
… Petitioner
Versus
1. The State of Jharkhand
2. Ashok Kumar Sinha, aged about 62 years, son of late Kameshwar Prasad Sinha, resident of I.A.S. Colony, Danapur, P.O. + P.S. Danapur, Dist.-Patna, State-Bihar
… Opposite Parties
------
For the Petitioner : Mrs. J. S. Mazumdar, Advocate For the State
: Mr. Achinto Sen, Addl.P.P.
For the O.Ps. : Mr. Amit Kumar Sinha, Advocate
Mr. Saman Ahmad, Advocate
------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 439(2) of the Code of Criminal Procedure with a prayer to quash the order dated 13.02.2019 passed in A.B.P. No.16 of 2019 by the learned Judicial Commissioner, Ranchi, whereby the opposite party No.2 has been granted the privilege of anticipatory bail. 3. The brief fact of the case is that the O.P. No.2 is an accused of Lower Bazar P.S. Case No.450 of 2017 corresponding to G.R. Case No.141 of 2018 involving the offences punishable under Sections 406, 420, 506 and 504 of the Indian Penal Code. He was given the privileges of Anticipatory Bail vide order dated 13.02.2019 in A.B.P. No.16 of 2019 passed by the In-Charge Judicial
(2025:JHHC:23179 )
2
Cr. M.P. No.904 of 2019
Commissioner, Ranchi, considering the fact that the dispute between the parties is essentially a civil dispute and the informant is a broker and the petitioner entered into an agreement with the informant to pay Rs.20,00,000/- in cash and 27 % share in profit regarding the development of land area. It is submitted by learned counsel for the petitioner that learned In-Charge Judicial Commissioner, Ranchi did not peruse the entire agreement. It is next submitted that the O.P. No.2 has several criminal antecedents. Hence, the prayer of the petitioner, as prayed for in the instant Cr.M.P., be allowed. 4.
Learned Addl.P.P. appearing for the State and learned counsel for the O.P. No.2 vehemently opposes the prayer of the petitioner and submit that there is no illegality in the impugned order passed by the learned In-Charge Judicial Commissioner, Ranchi in A.B.P. No.16 of 2019. Hence, it is submitted that the instant Cr.M.P being without any merit be dismissed. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed fact remains that the dispute between the parties is basically a civil dispute because of non-performance of the terms of agreement. The learned In-Charge Judicial Commissioner, Ranchi after taking into consideration of all the aspects of the case, has granted the privileges of anticipatory bail to the petitioner. The O.P. No.2 has been in bail after considerable period of time yet there is no allegation of misusing any of the conditions of the bail against the petitioner. The allegation against the O.P. No.2 having several criminal antecedent is vague and neither the case number nor the description of any specific case in which the O.P. No.2 is involved is mentioned anywhere in the instant Cr.M.P.
(2025:JHHC:23179 )
3
Cr. M.P. No.904 of 2019
6. Under such circumstances, this Court is of the considered view that no illegality has been committed by the learned In-Charge Judicial Commissioner, Ranchi in granting the privileges of anticipatory bail to the petitioner while passing the order dated 13.02.2019 in A.B.P. No.16 of 2019 in connection with Lower Bazar P.S. Case No.450 of 2017 corresponding to G.R. Case No.141 of
2018. 7. Hence, the instant Cr.M.P. is dismissed being without any merit. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 12th of August, 2025 AFR/ Rohit