Arshad Khan Alias Pachhu v. the State of Jharkhand

Jharkhand HC6 Sept 2024B.A./5503/2024

Case brief

AI extract

What is this about?

Jharkhand High Court (Navneet Kumar, J.) allows B.A. No. 5503 of 2024; regular bail to Arshad Khan @ Pachu, accused of murder of Nanhe Khan @ Md. Mahtab Alam under Sections 302/34/120-B IPC and Section 27 Arms Act (Bankmore P.S. Case No. 307 of 2021; G.R. Case No. 78 of 2023; S.T. No. 73 of 2023, Dhanbad); custody since 14.10.2022, charge-sheet filed, parity with bailed co-accused Nasrin Khatoon (B.A. 1273/2022), Md. Rizwan @ Rizu (B.A. 8578/2022), Irfan Mukhia (B.A. 4922/2023); bail bond Rs. 25,000 with two like sureties.

What did the court decide?

Petitioner to be enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the condition of appearance before the Court below, failing which cancellation proceedings may follow. ¶¶14

Arshad Khan Alias Pachhu Vs the State of… — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5503 of 2024

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Arshad Khan @ Pachu ... … Petitioner Versus The State of Jharkhand … … Opposite Party -------

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Lukesh Kumar, Advocate : Mr. Anil Kumar Singh, Advocate For the State : Mrs. Mohua Palit, A.P.P. --------

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Order No. 05 / Dated 6^th September, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Bankmore P.S. Case No. 307 of 2021, dated 24.11.2021, corresponding to G.R. Case No. 78 of 2023, S.T. No. 73 of 2023, for the offence registered under Sections 302/ 34/ 120-B of the Indian Penal Code and Section 27 of the Arms Act and the case is pending before the Court of learned Additional Sessions Judge-VI, Dhanbad.

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It is submitted on behalf of the petitioner that as per the allegations set out in the F.I.R. is that the petitioner alongwith the co-accused persons has committed murder of Nanhe Khan @ Md. Mahtab Alam. 4. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and no overt act has been attributed against this petitioner and the entire allegations are omnibus and general in nature. 5. Further it has been pointed out that similarly situated co-accused persons have been enlarged on bail by the coordinate Bench of this Court i.e. Nasrin Khatoon in B.A. No. 1273 of 2022 vide order dated 31.03.2022, Md. Rizwan @ Rizu in B.A. No. 8578 of 2022 vide order dated 28.09.2022 and Irfan Mukhia @ Md. Irfan Ali in B.A. No. 4922 of 2023 vide order dated 13.03.2024 and the case of this petitioner is on similar footing.

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Learned counsel for the petitioner has further submitted that this petitioner is in jail since 14.10.2022 and charge-sheet in this case has been submitted and therefore, the possibility of tampering the evidence is very remote and therefore, it is prayed that let the petitioner be enlarged on bail.

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On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that it

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D.S.

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is a case of murder under Section 302 but did not controvert the fact that the similarly situated co-accused persons i.e. Nasrin Khatoon in B.A. No. 1273 of 2022 vide order dated 31.03.2022, Md. Rizwan @ Rizu in B.A. No. 8578 of 2022 vide order dated 28.09.2022 and Irfan Mukhia @ Md. Irfan Ali in B.A. No. 4922 of 2023 vide order dated 13.03.2024, have been enlarged on bail.

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Having heard the parties, perused the records of this case.

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In the light of the persuasive submissions advanced on behalf of the parties and under the facts and circumstances of this case, the petitioner hereinabove 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 Court of learned Additional Sessions Judge-VI, Dhanbad, in connection with Bankmore P.S. Case No. 307 of 2021, dated 24.11.2021, corresponding to G.R. Case No. 78 of 2023, S.T. No. 73 of 2023, subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provisions of law.

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(Navneet Kumar, J.)

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2 B.A. No.5503 of 2024

Arshad Khan Alias Pachhu v. the State of Jharkhand

Case brief

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Arshad Khan Alias Pachhu v. the State of Jharkhand

Case brief

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