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2026 DAILYLAW 4721 (JHR)

ISHA ALIAS ISHA NABI SHAIKH ALIAS ISHA NABI SHAIKH v. THE STATE OF JHARKHAND

Cr.A(DB)/4/2026 · 2026-01-06

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 04 of 2026 1. Isha @ Isha Nabi Shaikh @ Isha Nabi Shaikh, S/o Jan Mohammad Shaikh, R/o Village- Chanchki, P.O.- Pakur, P.S.- Pakur (M), District- Pakur (Jharkhand) 2. Sadikur Rahman @ Sadikur Rahman @ Sadikur Rahaman @ Sadikul Rahman, S/o Samiruddin Sk., R/o Village- Patkeldanga, P.O. & P.S.- Sagardighi, District- Murshidabad (West Bengal) 3. Samrul Sk. @ Samirul Shekh @ Samirul Sk., S/o Mojim Shekh, R/o Village- Jankinagar, P.O.- Pakur, P.S.- Pakur (M), District- Pakur (Jharkhand) 4. Yasin Sk., S/o Khairul Shekh, R/o Village- Jankinagar, P.O.- Pakur, P.S.- Pakur (M), District- Pakur (Jharkhand) 5. Mohammad Kadir @ Kader Shekh, S/o Ismail Sk., R/o Village- Raghunandanpur urf Chanchki, P.O.- Pakur, P.S.- Pakur (M), District- Pakur (Jharkhand) 6. Gulam Mustafa @ Golam Mostafa Shaikh @ Golam Mostafa Sk., S/o Golam Rasul Shaikh, R/o Village- Lohapur, P.O. & P.S.- Nalhati, District- Birbhum (West Bengal) 7. Julfikar Sk. @ Julfikar Ali Mandal @ Julfikkar Ali, S/o Abdul Rajjak Mandal, R/o Village- Naya Ballavpur, P.O.- Pakur, P.S.- Pakur (Town), District- Pakur (Jharkhand) 8. Tohir Sk. @ Touhid Shekh @ Tohid Shaikh @ Touhid Shaikh, S/o Khalil Sk., R/o Village- Jankinagar, P.O.- Pakur, P.S.- Pakur (M), District- Pakur (Jharkhand) 9. Mohammad Masud @ Masud Ansari, S/o Sadek Ansari, R/o Village- Prithvinagar, P.O.- Pakur, P.S.- Pakur (M), District- Pakur (Jharkhand) 10. Samirul @ Samrul Shekh @ Samirul Shekh, S/o Late Mojamel Shaikh, R/o Village- Nabinagar, P.O.- Pakur, P.S.- Pakur (Malpahari), District- Pakur (Jharkhand) ... … Appellants Versus The State of Jharkhand ... … Respondent --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA --------- For the Appellants : Mr. Rajeeva Sharma, Sr. Adv. Mr. Om Prakash, Adv. For the State : Spl. P.P. --------- Neutral Citation No. ( 2026:JHHC:94-DB ) -2- 02/06.01.2026 Heard Mr. Rajeeva Sharma, learned Senior Counsel for the appellants and learned Spl. P.P. for the State. This appeal is directed against the order dated 18.12.2025 passed by the learned Additional Sessions Judge-I, Pakur in connection with A.B.P. No. 524 of 2025, arising out of Hiranpur P.S. Case No. 105/2025, whereby and whereunder, the prayer for anticipatory bail of the appellants has been rejected. It has been alleged that on account of blasting in mines, stones had fallen in the courtyard of the house of the villagers and cracks had also appeared in several houses and roads. When the said incident was protested by the villagers, the mines owner along with his associates variously armed had abused and assaulted the villagers as a result of which one of the villagers had sustained a simple injury. It has been submitted by the learned Senior Counsel for the appellants that the appellants are not named in the First Information Report and in fact all the staffs of main accused Azhar Islam who were running the mines have been granted anticipatory bail. Learned Senior Counsel further submits that even some of the staffs who were named in the First Information Report have also been granted anticipatory bail in Cr. Appeal (DB) No. 1477 of 2025. Learned Spl. P.P. for the State has opposed the prayer for anticipatory bail of the appellants and has submitted that so far as the appellant no. 1 is concerned, he is named in the First Information Report. On consideration of the fact that several accused persons who had been named in the First Information Report having been granted anticipatory bail by us as noted Neutral Citation No. ( 2026:JHHC:94-DB ) -3- above, we while setting aside the order dated 18.12.2025 passed by the learned Additional Sessions Judge-I, Pakur in connection with A.B.P. No. 524 of 2025, arising out of Hiranpur P.S. Case No. 105/2025, direct the appellants to surrender before the learned Trial Court within a period of four weeks and on their surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Pakur in connection with Hiranpur P.S. Case No. 105/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. This appeal stands allowed. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) Dated, the 6th January, 2026 A. Sanga/- Uploaded on 08.01.2026