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2026 DAILYLAW 107 (JHR)

MD. MUSTAKIM v. STATE OF JHARKHAND

A.B.A./7531/2025 · 2026-01-09

Sanjay Kumar Dwivedi

body2026

Judgment text

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( 2026:JHHC:495 ) -1- A.B.A. No. 7531 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7531 of 2025 1. Md. Mustakim, aged about 56 years, S/o Md. Muslim 2. Md. Muntjeem @ Md. Muntazeem, aged about 55 years, S/o Md. Muslim Both S/o Md. Muslim, R/o Muslim Mohalla, Near Urdu School, P.O. & P.S. Chas, District- Bokaro, Jharkhand … Petitioners -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners : Mr. Subhneet Jha, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. ----- 04/09.01.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. The petitioners are apprehending their arrest in connection with Chas P.S. Case No.350 of 2021, registered for the offence under Sections 420, 467, 468, 471, 120B read with Section 34 of the Indian Penal Code, 1860, pending in the Court of the learned Chief Judicial Magistrate, Bokaro. 3. Learned counsel appearing for the petitioners submits that in light of the genealogy, the petitioners are legal heirs/successors of Chulahi Munshi, who is khatiani raiyat. He further submits that the FIR has been lodged alleging that the land is belonging to the informant. He next submits that the petitioners have got no criminal antecedent, as disclosed in paragraph 19 of this application. He next submits that three of the co-accused persons have been granted anticipatory bail in ABA No.7224 of 2025 and A.B.A. No.7499 of 2025. 4. Learned counsel appearing for the State opposed the prayer and submits that the allegations are there that the land belongs to the informant, however, possession has been retained by the petitioners. ( 2026:JHHC:495 ) -2- A.B.A. No. 7531 of 2025 5. Looking into the materials available on record, it transpires that the petitioners are legal heirs/successors of raiyat, namely, Chulahi Munshi. The petitioners have got no criminal antecedents, as disclosed in paragraph 19. It has been pointed out during the course of argument that Jamabandi is running in the name of both the sides and three of the co-accused persons have been granted anticipatory bail in A.B.A. No.7224 of 2025 and A.B.A. No.7499 of 2025. In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. 6. Accordingly, the above-named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they shall 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 Chief Judicial Magistrate, Bokaro in connection with Chas P.S. Case No.350 of 2021, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 9th January, 2026 Ajay/