BABU KHAN @ BABU @ SAMSHER KHAN v. THE STATE OF JHARKHAND
Cr.A(DB)/556/2026 · 2026-05-08
Pradeep Kumar Srivastava, Rongon Mukhopadhyay
body2026
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[ 2026 DAILYLAW 13164 (JHR) · dailylaw.ai ]
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[ 2026 DAILYLAW 13164 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:13882-DB
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 556 of 2026
------ Babu Khan @ Babu @ Samsher Khan, aged about 35 years, S/o. Gaffar Khan, R/o. Galfarbari More, P.O. & P.S.- Galfarbari O.P., Dist.- Dhanbad, Jharkhand.
… … Appellant
-Versus – The State of Jharkhand
... … Respondent
------
CORAM: - Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Pradeep Kumar Srivastava
------ For the Appellant : Mr. R.S. Mazumdar, Sr. Advocate
: Mr. Rohan Mazumdar, Advocate For the State
: Mr. Bhola Nath Ojha, Spl.P.P.
------
Order No. 02/Dated: 08th May, 2026
Heard Mr. R. S. Mazumdar, learned senior counsel for the appellant and learned Special P.P.
2. This appeal is directed against the order dated 01.04.2026 passed in MCA No. 580 of 2026 arising out of Chirkunda P. S. Case No. 21 of 2026 by the learned Sessions Judge, Dhanbad whereby and whereunder the prayer for bail of the appellant has been rejected.
3. It has been alleged that the police had chased some motor- cyclists and one Azharuddin Ansari @ Shahrukh was apprehended and from his possession one country made loaded pistol with live cartridge and brown sugar weighing 1.40 gm. were recovered.
4. Submission has been advanced by the learned senior counsel for the appellant that the appellant has been implicated on confessional statement of apprehended accused Azharuddin Ansari @ Shahrukh. It has further been submitted that nothing has been recovered from possession of the appellant and he is in custody since
12.03.2026.
5. Learned Special P.P. has opposed the prayer for bail of the appellant and has submitted that bail application of accused Azharuddin Ansari @ Shahrukh has been rejected by this Court in Cr. Appeal (DB) No. 302/2026. It has further been submitted that the appellant has got several criminal antecedents.
2026:JHHC:13882-DB
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6. The case of the present appellant is easily distinguishable from the case of Azharuddin Ansari @ Shahrukh, since the appellant has merely been implicated on confession of the Azharuddin Ansari @ Shahrukh.
7. Regard being had to the manner of implication of the appellant and there being no recovery from his conscious possession, we, while setting aside the order dated 01.04.2026 passed by learned by the learned Sessions Judge, Dhanbad in MCA No. 580 of 2026 arising out of Chirkunda P. S. Case No. 21 of 2026, direct that the appellant be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Dhanbad in connection with Chirkunda P. S. Case No. 21 of 2026.
8. This appeal is allowed.
(Rongon Mukhopadhyay, J.)
(Pradeep Kumar Srivastava, J.) 08th May, 2026 Rahul/ Uploaded on 12/05/2026