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2026 DAILYLAW 3077 (JHR)

MD MALEKUTUR ALIAS MALEKUSTUR ALIAS MD. MALEKUSTUR v. THE STATE OF JHARKHAND

B.A./11775/2025 · 2026-04-07

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:9835] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.11775 of 2025 ------ Md. Malekutur @ Malekustur @ Md. Malekustur, aged about 36 years, Son of Md. Yasin, resident of Rampur, P.O. & P.S. – Sahibganj (M), District- Sahibganj .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Md. Sagir, aged about 32 years, son of Late Md. Nurul Hoda, r/o Lalbatham, Badi Masjid Tola, P.O. & P.S. Mufassil, District- Sahibganj .... .... .... Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl.P.P. ------ Order No:-04 Dated:-07-04-2026 Heard the parties. The petitioner has been made accused in connection with Sahibganj (M) P.S. Case No. 45 of 2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was a member of an unlawful assembly and in prosecution of common object of the assembly, committed murder of Nurul Hoda and attempted to murder of several other persons. It is next submitted that the allegation against the petitioner is false. It is then submitted that there is specific allegation against Jamshed and Nabi and the only allegation against the petitioner is that the petitioner fired in the air. It is then submitted that the co-accused persons namely Jamshed has already been admitted to bail vide the order dated 08.09.2025 passed in B.A. No. 7619 of 2025 by a Co-ordinate Bench of this Court and the co-accused Md. Laltu has also been admitted to bail vide order dated 04.11.2025 passed in B.A. No. 9633 of 2025. It is then submitted that the co-accused persons, who faced the trial vide Sessions Trial No. 268 of 2022, have since been acquitted vide the judgment dated 29.05.2024 passed by the learned Additional Sessions Judge-III, Sahibganj; consequent upon none of the witnesses identifying any of the co- accused persons and having stated that they were not aware as to who assaulted them. It is also submitted that charge sheet has been submitted in this case. It is then submitted that the petitioner has been in custody since 14.10.2025 as mentioned in para-19 of the instant bail application. It is also submitted that the petitioner has no criminal antecedent as mentioned in para-19 of the bail application. It is further submitted that the petitioner undertakes to co-operate with the trial of the case and also undertakes not to annoy or disturb any of the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned counsel appearing for the State opposes the prayer for bail of the petitioner. Considering the facts of this case, the above-named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Sahibganj in connection with Sahibganj (M) P.S. Case No. 45 of 2022 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and he will not annoy or disturb any of the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Dated:- 07.04.2026 Saroj/