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2026 DAILYLAW 22335 (JHR)

MOHIRUDDIN MOLLA v. THE STATE OF JHARKHAND

B.A./3998/2026 · 2026-07-29

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:22469] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3998 of 2026 ------ 1. Mohiruddin Molla, aged about 48 years S/O- Khosjan Molla 2. Rumayun Molla, aged about 22 Years S/O Mohiruddin Molla Both are resident of Hariyoka (Patharchili) P.O. & P.S.- Nalhatti, District- Birbhum (West Bengal) .... .... …. Petitioners Versus The State of Jharkhand .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Om Prakash, Advocate For the State : Mr. Saket Kumar, Addl.P.P ------ Order No.04 Dated-29-07-2026 Heard the parties. The petitioners have been made accused in connection with Pakuria P.S. Case No.02 of 2026 registered for the offences punishable under Section 126, 115 (2), 117 (2), 109, 103, 3(5) of the B.N.S., 2023. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, have committed the murder of Jakir Shekh and attempted to murder the informant and Iyar Mohammad Shekh by assaulting them with iron rod, lathi and chain of vehicle and fighter. It is submitted that the allegation against the petitioners is false. It is next submitted that some of the co-accused persons have been given the privileges of anticipatory bail by a co-ordinate Bench of this Court vide common order dated 23.07.2026 passed in A.B.A. No.3345 of 2026 along with A.B.A. No.3534 of 2026 in which some of them have been given the privileges of anticipatory bail by mentioning that the allegation against them are general and omnibus in nature while some of them have been given the privileges of anticipatory bail on the ground of alibi that they were not present at the place of occurrence, at the time of occurrence. It is also submitted that charge-sheet has already been submitted in this case. It is lastly submitted that the petitioners have been in custody since 10.01.2026. Hence it is submitted that the petitioners be released on bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that this is a case where the deceased was killed by being assaulted with 21 persons. Under such circumstances, it is not expected that the F.I.R. of the case will be encyclopedia of the prosecution case and the number of assaults, the manner of assaults and which person assaulted on which part of the body of the deceased and the injured persons, is to be mentioned in minutest details in the F.I.R. It is next submitted that since the police after investigation of the case, has found the allegations against the petitioners to be true and submitted charge-sheet against them, hence, there is every chance of the petitioners absconding and tampering with the evidence if released on bail, keeping in view the direct allegation against them of having committed murder. It is further submitted that it is a settled principle of law that each of the persons committing the offence in furtherance of common intention with the co-accused persons, is squarely responsible for the acts committed by each of such accused persons and the said principle is applicable in the matter of bail also. It is, therefore, submitted that the petitioners ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioners of having committed the murder of Jakir Shekh and attempting to murder the informant as well as Iyar Mohammad Shekh and also their chance of absconding and tampering with the evidence if released on bail, this Court is of the considered view that this is not a fit case where the above-named petitioners be released on bail. Accordingly, the prayer for bail of the above-named petitioners is rejected at this stage. (Anil Kumar Choudhary, J.) Dated-29.07.2026-Animesh/