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2026 DAILYLAW 13381 (JHR)

FIROZ KHAN v. STATE OF JHARKHAND ( THROUGH ATS )

B.A./4084/2026 · 2026-05-14

Anil Kumar Choudhary

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Judgment text

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( 2026:JHHC:14843 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4084 of 2026 ------ Firoz Khan, aged about 47 years, son of Hakim Khan, resident of Azad Nagar, Bazar Tand Khelari, P.O.-Khelari, P.S.- Khelari, Dist.-Ranchi, Jharkhand … Petitioner Versus The State of Jharkhand (Through ATS) … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jitendra S. Singh, Advocate : Mr. Naveen Kr. Ganjhu, Advocate For the State : Mr. Bishwambhar Shastri, Addl. P.P. ------ Order No.03 Dated- 14.05.2026 Heard the parties. The petitioner has moved this Court for grant of bail in connection with ATS P.S. Case No.10 of 2023 (ATS Court Case No. 1 of 2024) registered for the offences punishable under sections 385/386/34 of the Indian Penal Code and under Section 16/17/ 20/21 of U.A. (P) Act, 1967. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the member of gang of organized criminals was involved in organized crime of collection of extortion amount by the gang named as Aman Srivastava gang. This is the fourth journey of the petitioner with the prayer for regular bail and earlier the prayer for regular bail of the petitioner were dismissed vide order dated 04.04.2025 in Cr. Appeal (DB) No. 937 of 2024 and order dated 15.01.2026 in Cr. Appeal (DB) No. 1538 of 2025. The Special Leave to Appeal (Crl.) No(s). 7705 of 2025 dated 19.05.2025 was disposed of by the Hon’ble Supreme Court of India, with liberty granted to the petitioner to file a fresh application for regular bail in the event that the trial does not proceed, within a period of six months. Learned counsel for the petitioner submits that in the meanwhile, ten witnesses have been examined but P.W.1 was examined before passing of the said order dated 19.05.2025 by the Hon’ble Supreme Court of India in Special Leave to Appeal (Crl.) No(s). 7705 of 2025. It is then submitted that in the meanwhile, the Division Bench of this Court has quashed the order dated 21.06.2024 passed by the learned Additional Judicial Commissioner-XVIII-cum-Special ATS, Ranchi in ATS Court Case No. 1 of 2024 arising out of ATS P.S. Case No. 10 of 2023 whereby and where under, the application dated 08.05.2024 filed by the prosecution for bringing in record the prosecution sanction under Unlawful Activities (Prevention) Act, 1967 was allowed by the trial court and the learned trial court has directed the presence of the petitioner-who is the co-accused before it, for alteration/addition of charge. It is further submitted that the allegations against the petitioner are all false and there is no independent witness who has come forward to allege that the petitioner had at any point of time demanded extortion. It is then submitted that the petitioner has been in custody since 21.09.2023, as has been mentioned in paragraph no. 01 of the bail application. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. on the other hand opposes the prayer for bail and submits that since the prayer for regular bail of the petitioner has already been rejected by the Division Bench of this Court and the Special Leave to Appeal (Crl.) No(s). 7705 of 2025 has already been dismissed by the Hon’ble Supreme Court of India finding no reason to interfere with the order passed by this Court which was impugned before the Hon’ble Supreme Court of India. It is further submitted by the learned Addl. P.P. that the petitioner is a hardened criminal being involved in six other cases of extortion hence, there is every chance of the petitioner absconding and tampering with evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be admitted to bail. Having heard the submissions made at the Bar and after carefully going through the evidence in the record, this Court finds that the prayer for regular bail has already been rejected twice by the Division Bench of this Court in Cr. Appeal (DB) No. 937 of 2024 and Special Leave to Appeal (Crl.) No(s). 7705 of 2025 dated 19.05.2025 filed against the said order has been disposed of by the Hon’ble Supreme Court of India after finding no reason to interfere with the order rejecting the bail of the petitioner. The Division Bench of this Court again rejected the prayer for bail of the petitioner in Cr. Appeal (DB) No. 1538 of 2025. The petitioner is a hardened criminal involved in the organized crime of collection of extortion amount in the name of Aman Srivastava gang. Two more important witnesses are yet to be examined and the trial of the case is going on before the Anti-Terrorist Squad Court. There is every chance of the petitioner absconding and tampering with evidence if released on bail. Under such circumstances, this Court is of the considered view that this is not a fit case where by the abovenamed petitioner be admitted to bail. Accordingly, the prayer for bail of the abovenamed petitioner is rejected. (Anil Kumar Choudhary, J.) 14.05.2026 Gunjan-