Firoj Khan Alias Firoj Alam Alias Firoj Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Firoj Khan Alias Firoj Alam Alias Firoj Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: petitioner directed to surrender in the Court below within six weeks; on arrest or surrender, to be enlarged on bail upon depositing Rs.10,000/- as cash security and furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned J.M.-X, Ranchi in connection with Itki P.S. Case No.55 of 2024, subject to the stated conditions including those under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether privileges of anticipatory bail should be granted to the petitioner apprehending arrest in Itki P.S. Case No.55 of 2024, instituted for offences punishable under Sections 191 (2) (3), 190, 127 (1), 352, 117 (2), 109 and 125 (A) (B) of the B.N.S., 2023.

Ratio / Principle

Having considered the submissions of learned counsel and the facts and circumstances stated, the Court is inclined to grant privileges of anticipatory bail to the petitioner.

Key takeaways

The petitioner is directed to surrender in the Court below within six weeks; in the event of his arrest or surrender, he shall be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned J.M.-X, Ranchi in connection with Itki P.S. Case No.55 of 2024.ratio¶16
Enlargement on bail is conditioned on the petitioner co-operating with the investigation, appearing before the investigating officer as and when noticed, furnishing his mobile number and photocopy of the Aadhar Card with an undertaking not to change his mobile number during the pendency of the case, not annoying or disturbing the informant or any of his family members during pendency, and complying with further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶16

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — B.N.S. 2023 OFFENCES — High Court of Jharkhand at Ranchi, Order No.02 dated 18-03-2025 (Anil Kumar Choudhary, J.) in A.B.A. No.1721 of 2025: privileges of anticipatory bail granted to Firoj Khan @ Firoj Alam @ Firoj (aged about 48 years), apprehending arrest in Itki P.S. Case No.55 of 2024 instituted under Sections 191 (2) (3), 190, 127 (1), 352, 117 (2), 109 & 125 (A) (B) of the B.N.S., 2023. Allegation per counsel: petitioner was a member of an unlawful assembly which, in prosecution of its common object, attempted to murder Afroj Khan and Aftab Khan, the petitioner assaulting the victims with an iron rod; counsel stated the injuries were simple, that there was a free fight with the informant party as aggressor, and cited parity with co-accused granted anticipatory bail on 03.01.2025 in ABA No. 7927 of 2024. Petitioner directed to surrender in the Court below within six weeks; on arrest or surrender, to be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-X, Ranchi, subject to conditions: co-operation with investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card with undertaking not to change the mobile number during pendency, non-annoyance/non-disturbance of the informant or his family members during pendency, and further conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1721 of 2025

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Firoj Khan @ Firoj Alam @ Firoj, aged about 48 years, s/o late Subhan Khan, r/o village Idgah Mohalla, Itki, PO & PS Itki, Dist. Ranchi, Jharkhand .... .... …. Petitioner

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Md. Zaid Ahmed, Advocate For the State : Mr. Achinto Sen, APP

Order No.02 Dated- 18-03-2025

Heard the parties.

Apprehending his arrest in connection with Itki P.S. Case No.55 of 2024 instituted for the offences punishable under Sections 191 (2) (3), 190, 127 (1), 352, 117 (2), 109 & 125 (A) (B) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder Afroj Khan and Aftab Khan and the petitioner was assaulting the victims with iron rod. The learned counsel for the petitioner next submits that the injuries sustained by the victims are simple in nature. It is also submitted that there was a free fight between the parties and the informant party was the aggressor party and the petitioner had no intention to kill anybody. It has further been submitted that similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 03.01.2025 passed in ABA No. 7927 of 2024. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the

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privileges of anticipatory bail.

Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-X, Ranchi in connection with Itki P.S. Case No.55 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Anjali/